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NORTH CAROLINA
REGISTER
Volume 16, Issue 17
Pages 1865 - 1980
March 1, 2002
This issue contains documents officially filed
through February 8, 2002.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
6714 Mail Service Center
Raleigh, NC 27699-6714
(919) 733-2678
FAX (919) 733-3462
Julian Mann III, Director
Camille Winston, Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Linda Dupree, Editorial Assistant
Dana Sholes, Editorial Assistant
Rhonda Wright, Editorial Assistant
IN THIS ISSUE
I. EXECUTIVE ORDERS
Executive Orders No. 17 - 19 ...................................1865 - 1867
II. IN ADDITION
Voting Rights Letter.......................................................1868
III. RULE-MAKING PROCEEDINGS
Environment and Natural Resources
Coastal Resources Commission...............................1869
Marine Fisheries Commission..................................1869
Health and Human Services
Health and Human Services, Secretary of..............1869
IV. TEMPORARY RULES
Correction
Correction, Department of ........................................1870 - 1872
Cultural Resources
USS North Carolina Battleship Commission.........1872
Environment and Natural Resources
Coastal Resources Commission...............................1873 - 1879
Departmental Rules ....................................................1872 - 1873
V. APPROVED RULES ...................................................1880 - 1939
Commerce
Community Assistance, Division of
Environment and Natural Resources
Coastal Resources Commission
Environment and Natural Resources, Department of
Environmental Management Commission
Health Services, Commission for
Marine Fisheries Commission
Sedimentation Control Commission
Health and Human Services
Medical Care Commission
Social Services Commission
Justice
Criminal Justice Education and Training Standards Commission
Licensing Boards
Appraisal Board
Electrical Contractors, Board of
Pharmacy, Board of
Real Estate Commission
Speech Pathologists and Audiologists, Board of Examiners for
State Personnel
State Personnel Commission
Transportation
Highways, Division of
VI. RULES REVIEW COMMISSION..........................1940 - 1947
VII. CONTESTED CASE DECISIONS
Index to ALJ Decisions.................................................1948 - 1958
Text of Selected Decisions
00 OSP 0453................................................................1959 - 1965
01 OSP 0722................................................................1966 - 1980
VIII. CUMULATIVE INDEX .............................................1 - 101
North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC
27601. North Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to
the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699-6714.
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North
Carolina executive branch of government has been assigned a title number. Titles are further broken down into
chapters which shall be numerical in order. The other two, subchapters and sections are optional subdivisions to
be used by agencies when appropriate.
TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE
TITLE DEPARTMENT LICENSING BOARDS CHAPTER
1
2
3
4
5
6
7
8
9
10
11
12
13
14A
15A
16
17
18
19A
20
*21
22
23
24
25
26
27
28
Administration
Agriculture
Auditor
Commerce
Correction
Council of State
Cultural Resources
Elections
Governor
Health and Human Services
Insurance
Justice
Labor
Crime Control & Public Safety
Environment and Natural Resources
Public Education
Revenue
Secretary of State
Transportation
Treasurer
Occupational Licensing Boards
Administrative Procedures (Repealed)
Community Colleges
Independent Agencies
State Personnel
Administrative Hearings
NC State Bar
Juvenile Justice and Delinquency
Prevention
Acupuncture
Architecture
Athletic Trainer Examiners
Auctioneers
Barber Examiners
Certified Public Accountant Examiners
Chiropractic Examiners
Employee Assistance Professionals
General Contractors
Cosmetic Art Examiners
Dental Examiners
Dietetics/Nutrition
Electrical Contractors
Electrolysis
Foresters
Geologists
Hearing Aid Dealers and Fitters
Landscape Architects
Landscape Contractors
Massage & Bodywork Therapy
Marital and Family Therapy
Medical Examiners
Midwifery Joint Committee
Mortuary Science
Nursing
Nursing Home Administrators
Occupational Therapists
Opticians
Optometry
Osteopathic Examination & Reg. (Repealed)
Pastoral Counselors, Fee-Based Practicing
Pharmacy
Physical Therapy Examiners
Plumbing, Heating & Fire Sprinkler Contractors
Podiatry Examiners
Professional Counselors
Psychology Board
Professional Engineers & Land Surveyors
Real Estate Appraisal Board
Real Estate Commission
Refrigeration Examiners
Respiratory Care Board
Sanitarian Examiners
Social Work Certification
Soil Scientists
Speech & Language Pathologists & Audiologists
Substance Abuse Professionals
Therapeutic Recreation Certification
Veterinary Medical Board
1
2
3
4
6
8
10
11
12
14
16
17
18
19
20
21
22
26
28
30
31
32
33
34
36
37
38
40
42
44
45
46
48
50
52
53
54
56
57
58
60
61
62
63
69
64
68
65
66
Note: Title 21 contains the chapters of the various occupational licensing boards.
NORTH CAROLINA REGISTER
Publication Schedule for January 2002 – December 2002
Filing Deadlines
Notice of
Rule-Making
Proceedings
Notice of Text
Temporary
Rule
volume
& issue
number
issue date last day
for filing
earliest register
issue for
publication of
text
earliest
date for
public
hearing
end of
required
comment
period
deadline to
submit to RRC
for review at
next meeting
first legislative
day of the next
regular session
end of
required
comment
period
deadline to
submit to RRC
for review at
next meeting
first legislative
day of the next
regular session
270th day
from issue
date
16:13 01/02/02 12/06/01 03/15/02 01/17/02 02/01/02 02/20/02 05/28/02 03/04/02 03/20/02 05/28/02 09/29/02
16:14 01/15/02 12/19/01 04/01/02 01/30/02 02/14/02 02/20/02 05/28/02 03/18/02 03/20/02 05/28/02 10/12/02
16:15 02/01/02 01/10/02 04/15/02 02/16/02 03/04/02 03/20/02 05/28/02 04/02/02 04/22/02 01/29/03 10/29/02
16:16 02/15/02 01/25/02 05/01/02 03/02/02 03/18/02 03/20/02 05/28/02 04/16/02 04/22/02 01/29/03 11/12/02
16:17 03/01/02 02/08/02 05/01/02 03/16/02 04/01/02 04/22/02 01/29/03 04/30/02 05/20/02 01/29/03 11/26/02
16:18 03/15/02 02/22/02 05/15/02 03/30/02 04/15/02 04/22/02 01/29/03 05/14/02 05/20/02 01/29/03 12/10/02
16:19 04/01/02 03/08/02 06/03/02 04/16/02 05/01/02 05/20/02 01/29/03 05/31/02 06/20/02 01/29/03 12/27/02
16:20 04/15/02 03/22/02 06/17/02 04/30/02 05/15/02 05/20/02 01/29/03 06/14/02 06/20/02 01/29/03 01/10/03
16:21 05/01/02 04/10/02 07/01/02 05/16/02 05/31/02 06/20/02 01/29/03 07/01/02 07/22/02 01/29/03 01/26/03
16:22 05/15/02 04/24/02 07/15/02 05/30/02 06/14/02 06/20/02 01/29/03 07/15/02 07/22/02 01/29/03 02/09/03
16:23 06/03/02 05/10/02 08/15/02 06/18/02 07/03/02 07/22/02 01/29/03 08/02/02 08/20/02 01/29/03 02/28/03
16:24 06/17/02 05/24/02 09/03/02 07/02/02 07/17/02 07/22/02 01/29/03 08/16/02 08/20/02 01/29/03 03/14/03
17:01 07/01/02 06/10/02 09/03/02 07/16/02 07/31/02 08/20/02 01/29/03 08/30/02 09/20/02 01/29/03 03/28/03
17:02 07/15/02 06/21/02 09/16/02 07/30/02 08/14/02 08/20/02 01/29/03 09/13/02 09/20/02 01/29/03 04/11/03
17:03 08/01/02 07/11/02 10/01/02 08/16/02 09/03/02 09/20/02 01/29/03 09/30/02 10/21/02 01/29/03 04/28/03
17:04 08/15/02 07/25/02 10/15/02 08/30/02 09/16/02 09/20/02 01/29/03 10/14/02 10/21/02 01/29/03 05/12/03
17:05 09/03/02 08/12/02 11/15/02 09/18/02 10/03/02 10/21/02 01/29/03 11/04/02 11/20/02 01/29/03 05/31/03
17:06 09/16/02 08/30/02 11/15/02 10/01/02 10/16/02 10/21/02 01/29/03 11/15/02 11/20/02 01/29/03 06/13/03
17:07 10/01/02 09/10/02 12/02/02 10/16/02 10/31/02 11/20/02 01/29/03 12/02/02 12/20/02 05/00/04 06/28/03
17:08 10/15/02 09/24/02 12/16/02 10/30/02 11/14/02 11/20/02 01/29/03 12/16/02 12/20/02 05/00/04 07/12/03
17:09 11/01/02 10/11/02 01/02/03 11/16/02 12/02/02 12/20/02 05/00/04 12/31/02 01/21/03 05/00/04 07/29/03
17:10 11/15/02 10/25/02 01/15/03 11/30/02 12/16/02 12/20/02 05/00/04 01/14/03 01/21/03 05/00/04 08/12/03
17:11 12/02/02 11/06/02 02/03/03 12/17/02 01/02/03 01/21/03 05/00/04 01/31/03 02/20/03 05/00/04 08/29/03
17:12 12/16/02 11/21/02 02/17/03 12/31/02 01/15/03 01/21/03 05/00/04 02/14/03 02/20/03 05/00/04 09/12/03
non-substantial economic impact substantial economic impact
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is
computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be
published twice a month and contains the
following information submitted for
publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by
the Rules Review Commission;
(5) notices of receipt of a petition for
municipal incorporation, as required
by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S.
Attorney General concerning
changes in laws affecting voting in a
jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as
required by G.S. 120-30.9H;
(8) orders of the Tax Review Board
issued under G.S. 105-241.2; and
(9) other information the Codifier of
Rules determines to be helpful to the
public.
COMPUTING TIME: In computing time in
the schedule, the day of publication of the
North Carolina Register is not included.
The last day of the period so computed is
included, unless it is a Saturday, Sunday, or
State holiday, in which event the period
runs until the preceding day which is not a
Saturday, Sunday, or State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on
the first and fifteen of each month if the
first or fifteenth of the month is not a
Saturday, Sunday, or State holiday for
employees mandated by the State
Personnel Commission. If the first or
fifteenth of any month is a Saturday,
Sunday, or a holiday for State employees,
the North Carolina Register issue for that
day will be published on the day of that
month after the first or fifteenth that is not
a Saturday, Sunday, or holiday for State
employees.
LAST DAY FOR FILING: The last day for
filing for any issue is 15 days before the
issue date excluding Saturdays, Sundays,
and holidays for State employees.
NOTICE OF RULE-MAKING PROCEEDINGS
END OF COMMENT PERIOD TO A NOTICE OF
RULE-MAKING PROCEEDINGS: This date is 60
days from the issue date. An agency shall
accept comments on the notice of rule-making
proceeding until the text of the proposed rules
is published, and the text of the proposed rule
shall not be published until at least 60 days
after the notice of rule-making proceedings
was published.
EARLIEST REGISTER ISSUE FOR PUBLICATION
OF TEXT: The date of the next issue following
the end of the comment period.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING:
The hearing date shall be at least 15 days
after the date a notice of the hearing is
published.
END OF REQUIRED COMMENT PERIOD
(1) RULE WITH NON-SUBSTANTIAL
ECONOMIC IMPACT: An agency shall
accept comments on the text of a proposed
rule for at least 30 days after the text is
published or until the date of any public
hearings held on the proposed rule,
whichever is longer.
(2) RULE WITH SUBSTANTIAL
ECONOMIC IMPACT: An agency shall
accept comments on the text of a proposed
rule published in the Register and that has
a substantial economic impact requiring a
fiscal note under G.S. 150B-21.4(b1) for
at least 60 days after publication or until
the date of any public hearing held on the
rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES
REVIEW COMMISSION: The Commission
shall review a rule submitted to it on or
before the twentieth of a month by the last
day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT
REGULAR SESSION OF THE GENERAL
ASSEMBLY: This date is the first
legislative day of the next regular session
of the General Assembly following
approval of the rule by the Rules Review
Commission. See G.S. 150B-21.3,
Effective date of rules.
EXECUTIVE ORDERS
16:17 NORTH CAROLINA REGISTER March 1, 2002
1865
EXECUTIVE ORDER NO. 17
COMMISSION TO PROMOTE GOVERNMENT
EFFICIENCY AND SAVINGS ON STATE SPENDING
By the authority vested in me as Governor by the
Constitution and the laws of the State of North Carolina, IT IS
ORDERED:
Section 1. Establishment.
There is hereby established a Commission to Promote
Government Efficiency and Savings on State Spending
("Commission"). Commission members shall serve at the
pleasure of the Governor. The Governor shall also appoint the
Chair or Co-Chairs.
Section 2. Purpose.
State and local governments should operate at
maximum efficiency and, given current fiscal constraints, must
further prioritize and optimize their spending. The Commission
will review how governments can reduce spending while
maintaining or increasing the quality of service provision and the
structure of government to serve its citizens.
The Commission will review current laws, regulations,
and practices throughout state and local government in order to
recommend necessary changes that will increase efficiency.
In the course of its work, the Commission will take into
account research done by study and standing committees of the
General Assembly and non-governmental groups, including
recommendations by the Government Performance Audit
Commission (GPAC) and the Governor’s Efficiency and
Loophole-Closing Commission.
The Commission will examine with special attention
purchasing, technology, personnel practices and areas of service
duplication.
Section 3. Duties
The Commission will meet, and its members will
communicate, with regularity sufficient to allow it to submit
initial recommendations to the Governor prior to the 2002
session of the General Assembly, with final recommendations
prior to the 2003 legislative session. Recommendations that do
not require action by the General Assembly should be submitted
to the Governor as soon as possible.
Section 4. Administration
The Office of the Governor shall provide or secure staff
and administrative support services for the Commission.
Done in the Capital City of Raleigh, North Carolina,
this 1st day of February, 2002.
________________________________________
Michael F. Easley
Governor
ATTEST:
_________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDER NO. 18
COMMISSION TO MODERNIZE STATE FINANCES
By the authority vested in me as Governor by the
Constitution and the laws of the State of North Carolina, IT IS
ORDERED:
Section 1. Establishment
There is hereby established a Commission to
Modernize State Finances ("Commission"). Commission
members shall serve at the pleasure of the Governor. The
Governor shall also appoint the Chair or Co-Chairs.
Section 2. Purpose
The basic structure of the State's revenue and finance
laws was established over seven decades ago. In today's ever-changing
economy, it is critical that these laws be simple, even-handed,
consistent and fair to the broad spectrum of businesses
and individuals who must comply with them. The revenue
system must generate sufficient funds to support the necessary
functions of efficient and effective state and local government,
while maintaining the State’s economic competitiveness.
The Commission will review relevant laws, rules,
practices and principles of a high-quality tax system in order to
formulate recommendations to improve and modernize our state
revenue and finance laws.
In the course of its work, the Commission will take into
account research done by study and standing committees of the
General Assembly and non-governmental groups, including the
2001 Governor’s Efficiency and Loophole-Closing Commission.
Section 3. Duties
The Commission will meet, and its members will
communicate, with regularity sufficient to allow it to submit
initial recommendations to the Governor prior to the 2002
session of the General Assembly, with final recommendations
submitted to the 2003 session of the General Assembly.
Section 4. Administration
The Office of the Governor shall provide or secure staff
and administrative support services for the Commission.
Done in the Capital City of Raleigh, North Carolina,
this 1st day of February, 2002.
________________________________________
Michael F. Easley
Governor
ATTEST:
________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
16:17 NORTH CAROLINA REGISTER March 1, 2002
1866
EXECUTIVE ORDER NUMBER NO. 19
CLASSROOM PROTECTION AND ORDERLY
BUDGET ADMINISTRATION
GIVEN STATE OF FISCAL EMERGENCY
WHEREAS, Article III, Sec. 5(3) of the Constitution of
North Carolina provides that the State may not operate at a
deficit during the fiscal period covered by a budget. For these
purposes, a "deficit" is defined as having been incurred when
total expenditures for the fiscal period of the budget exceed the
total of receipts during the period, plus the surplus remaining in
the State Treasury at the beginning of the period. The fiscal
period for the current budget began July 1, 2001; and,
WHEREAS, to insure that the State does not incur a
deficit for the fiscal year covered by a budget, Article III, Sec.
5(3) of the Constitution requires the Governor to continually
survey the collection of revenue. If, as a result of his surveys, he
determines that actual receipts for the fiscal period, when added
to the surplus remaining in the Treasury at the beginning of the
fiscal period, will not be sufficient to pay budgeted expenditures,
the Governor, after first making adequate provisions for the
prompt payment of the principal and interest on the State's
outstanding bonds and notes, must effect the necessary
economies in State expenditures to keep the deficit from
occurring; and,
WHEREAS, continually surveying the collection of the
State's revenues pursuant to Article III, Sec. 5 (3) of the
Constitution is a normal function of the Office of State Budget
and Management (OSBM) and reports on its surveys are
received routinely by the Governor; and,
WHEREAS, OSBM has provided the Governor with
detailed briefings on the growing fiscal period deficit and, along
with the Office of the Governor, has also advised members of
the General Assembly of the situation, including the President
Pro-Tempore of the Senate and the Speaker of the House of
Representatives; and,
WHEREAS, on October 31, 2001, OSBM, at the
direction of the Governor, reduced state agency expenditures for
the remainder of the fiscal year; and,
WHEREAS, as detailed in a memorandum to the
Governor from OSBM dated February 4, 2002, OSBM
estimates, in light of January 2002 collections and new
economic forecasts, a growing substantial deficit for fiscal year
2001-02 that will not be covered by the reduction in expenditure
measures adopted on October 31, 2001; and,
WHEREAS, in light of OSBM estimates, the budget
enacted by the General Assembly for fiscal year 2001-02 cannot
be administered as enacted without the State incurring a deficit
in its administration; and,
WHEREAS, it is found as a fact that based on General
Fund revenue collections through January 31, 2002, and
projections for these revenues through June 30, 2002, actual
receipts for the current fiscal year will not meet the expenditures
anticipated and budgeted by the 2001 General Assembly; and,
WHEREAS, from this fact it is determined and
concluded that unless further economies in State expenditures
are made, the State's General Fund expenditures will exceed
General Fund receipts, for the current fiscal year.
NOW THEREFORE, by the authority vested in me as
Governor by Article III, Sec. 5(3) of the Constitution of North
Carolina to insure that a deficit is not incurred in the
administration of the budget for fiscal year 2002, IT IS
ORDERED:
Section 1. OSBM will continue to reduce, as necessary, State
expenditures from Funds appropriated to operate State
departments and institutions, and continue monthly allotment
expenditure and review measures.
Section 2. OSBM will halt, as necessary, expenditures for
capital improvement projects for which State funds have been
appropriated but not placed under State contract and, as
necessary, transfer any unused capital improvement funds to the
General Fund.
Section 3. OSBM will transfer, as necessary, non-General
Fund and non-Highway Fund receipts into the General Fund to
support appropriation expenditures in order to avoid a deficit in
the General Fund.
Section 4. OSBM may borrow, as necessary, receipts from
non-General Fund State receipts and non-Highway Fund State
receipts for support of General Fund appropriation expenditures.
Section 5. OSBM may transfer, as necessary, funds from the
Highway Trust Fund Account for support of General Fund
appropriation expenditures.
Section 6. OSBM may, as necessary, order the delay or
cancellation of purchase orders in State General Fund-supported
departments and institutions.
Section 7. OSBM may, as necessary, take other steps as
directed by the Governor to insure that a deficit is not incurred
for the fiscal period, including re-allocation of certain funds
shared with localities.
Section 8. The Office of the State Controller, as advised by
the State Budget Officer, is directed to monitor disbursements as
presented on requisitions for CASH.
Section 9. The Office of the State Controller, as advised by
the State Budget Officer, is directed to receive the local
government reimbursement funds and to escrow such funds in a
special reserve as established by OSBM. Return of all such
receipts shall be made to the local government reimbursement
funds, if possible, after determination that such funds are not
necessary to address the deficit.
This Executive Order rescinds Executive Order No. 3
and is effective immediately and shall remain in effect, as
written, until terminated or amended at the Governor's direction.
EXECUTIVE ORDERS
16:17 NORTH CAROLINA REGISTER March 1, 2002
1867
Done in the Capital City of Raleigh, North Carolina,
this 5th day of February, 2002.
________________________________________
Michael F. Easley
Governor
ATTEST:
__________________________________________
Elaine F. Marshall
Secretary of State
IN ADDITION
16:17 NORTH CAROLINA REGISTER March 1, 2002
1868
This Section contains public notices that are required to be published in the Register or have been approved by the Codifier of
Rules for publication.
U.S. Department of Justice
Civil Rig hts Division
JDR:RPL:BGE:NJ Voting Section – GSt.
DJ 166-012-3 950 Pennsylvania Ave., N.W.
2001-2560 Washington, D.C. 20530
January 24, 2002
Kenneth R. Hoyle, Sr., Esq.
County Attorney
P.O. Box 1968
Sanford, NC 27331-1968
Dear Mr. Hoyle:
This refers to the 2001 redistricting plan for Lee County, North Carolina, submitted to the Attorney General pursuant to
Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your response to our October 23, 2001, request for additional
information on December 2, 2001.
The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change.
See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41).
Sincerely,
Joseph D. Rich
Acting Chief
Voting Section
RULE-MAKING PROCEEDINGS
16:17 NORTH CAROLINA REGISTER March 1, 2002
1869
A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency must
publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule.
Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register under the
section heading of Temporary Rules. A Rule-making Agenda published by an agency serves as Rule-making Proceedings and can
be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G.S. 150B-21.2.
TITLE 10 – DEPARTMENT OF HEALTH AND HUMAN
SERVICES
CHAPTER 22 - AGING
Notice of Rule-making Proceedings is hereby given by the
Secretary of Health and Human Services in accordance with
G.S. 150B-21.2. The agency shall subsequently publish in the
Register the text of the rule(s) it proposes to adopt as a result of
this notice of rule-making proceedings and any comments
received on this notice.
Citation to Existing Rule Affected by this Rule-making: 10
NCAC 22G; 22J - Other rules may be proposed in the course of
the rule-making process.
Authority for the Rule-making: G.S. 143B-181.1(c)
Statement of the Subject Matter:
10 NCAC 22G – This Subchapter defines the services eligible
for funding under Title III of the Older Ame rcians Act.
10 NCAC 22J – This Subchapter governs the provision of In-home
Aide Services for Older Adults for the Division of Aging
(and by reference for the Division of Social Services).
Reason for Proposed Action: The NC Division of Aging is
reviewing and updating the rules pertinent to In-home Aide
Services to make them consistent with currents needs and
practices. (A concurrent review of rules is occurring in several
other DHHS Divisions.)
Comment Procedures: Anyone wishing to comment should
contact Lynne Berry, NC Division of Aging, 693 Palmer Dr.,
Taylor Building, 2101 Mail Service Center, Raleigh, NC 27699-
2101, phone (919) 733-8395.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
CHAPTER 03 – MARINE FISHERIES
Notice of Rule-making Proceedings is hereby given by NC
Marine Fisheries Commission in accordance with G.S. 150B-
21.2. The agency shall subsequently publish in the Register the
text of the rule(s) it proposes to adopt as a result of this notice of
rule-making proceedings and any comments received on this
notice.
Citation to Existing Rule Affected by this Rule-making: 15A
NCAC 03. Other rules may be proposed in the course of the
rule-making process.
Authority for the Rule-making: G.S. 113-134; 113-182; 113-
221; 143B-289.52
Statement of the Subject Matter: Flounder size limits, rock
shrimp restrictions, marine protected areas, snapper/grouper
restrictions, red porgy restrictions, stone crab restrictions,
oyster and clam fishery management plan.
Reason for Proposed Action: Amend size limits for summer
flounder, impose restrictions on rock shrimp, adopt rules on
marine protected areas, impose restrictions on snapper/grouper,
red porgy, and stone crabs, and adopt/amend rules to implement
the oyster and clam fishery management plan.
Comment Procedures: Written comments are encouraged and
may be submitted to MFC, Juanita Gaskill, PO Box 769,
Morehead City, NC 28557.
* * * * * * * * * * * * * * * * * * * *
CHAPTER 07 – COASTAL MANAGEMENT
Notice of Rule-making Proceedings is hereby given by Coastal
Resources Commission in accordance with G.S. 150B-21.2. The
agency shall subsequently publish in the Register the text of the
rule(s) it proposes to adopt as a result of this notice of rule-making
proceedings and any comments received on this notice.
Citation to Existing Rule Affected by this Rule-making: 15A
NCAC 07B .0702. Other rules may be proposed in the course of
the rule-making process.
Authority for the Rule-making: G.S. 113A-102, 113A-107(a);
113A-110; 113A-124(c)(8)
Statement of the Subject Matter: Substitute a definition for
"probable 404 Wetlands" instead of relying on this term from
federal law to convey to local governments what to show on a
planning map.
Reason for Proposed Action: The intent of the proposed
amendment is to provide an accurate definition of wetland areas
mapped by local governments.
Comment Procedures: Kathy Vinson, Planning and Public
Access Manager, Division of Coastal Management, 151-B, HWY
24, Hestron Plaza II, Morehead City, NC 28557. 252-808-2808.
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This Section includes temporary rules reviewed by the Codifier of Rules and entered in the North Carolina Administrative Code and
includes, from time to time, a listing of temporary rules that have expired. See G.S. 150B-21.1 and 26 NCAC 02C .0500 for adoption
and filing requirements. Pursuant to G.S. 150B-21.1(e), publication of a temporary rule in the North Carolina Register serves as a
notice of rule-making proceedings unless this notice has been previously published by the agency.
TITLE 05 – DEPARTMENT OF CORRECTION
Rule-making Agency: Department of Correction
Rule Citation: 05 NCAC 06 .0101-.0102; .0201; .0301; .0401
Effective Date: March 6, 2002
Findings Reviewed and Approved by: Beecher R. Gray
Authority for the rulemaking: S.L. 2001-378
Reason for Proposed Action: S.L. 2001-378, ratified August 7,
2001, requires specified review by the Department of Correction
with respect to certain hiring and training standards applicable
to certain employees of a private correctional facility operating
in North Carolina. The specific criteria and procedures to
which such third party entities will be required to conform are
the subject matter of these temporary rules.
Comment Procedures: Comments should be submitted in
writing to Jane R. Garvey, Department of Correction, 4201 Mail
Service Center, Raleigh, NC 27699-4201.
CHAPTER 06 – PRIVATE CORRECTIONAL SERVICE
PROVIDERS
SECTION .0100 – GENERAL
05 NCAC 06 .0101 APPLICATION
The following standards apply to the hiring and training of
private correctional service providers.
History Note: Authority S.L. 2001-378;
Temporary Adoption Eff. March 6, 2002.
05 NCAC 06 .0102 PURPOSE
The purpose of these Rules is to establish the relevant and
essential hiring and training standards, methods to verify
compliance with the standards and the method of monitoring the
standards by the Department of Correction for officers and
security supervisors employed by private correctional service
providers operating within the State.
History Note: Authority S.L. 2001-378;
Temporary Adoption Eff. March 6, 2002.
SECTION .0200 – HIRING
05 NCAC 06 .0201 HIRING STANDARDS
Private correctional service providers are required to meet the
same relevant and essential minimum pre-employment standards
for their correctional officers and security supervisors as have
been established for officers and supervisors for the Department
of Correction.
(1) Future applicants for employment as private
correctional officers or security supervisors:
(a) Must be a high school graduate or
have GED certificate;
(b) Must be at least 20 years of age;
(c) Must be a U.S. Citizen;
(d) Must pass a physical examination to
determine fitness for duty;
(e) Must pass a urinalysis performed by
qualified physician using a lab that
protects the chain of custody;
(f) Must pass a local, state and national
criminal background check through
the National Crime Information
Center (NCIC) and cleared through
the FBI fingerprinting clearance
process;
(g) Must have a completed background
investigation that consists of
verification of age, education, and
employment;
(h) Must be personally interviewed by
the Department Head or designee;
(i) Must have no felony conviction for
10 years;
(j) Must have no conviction of a
misdemeanor as defined in 12 NCAC
09G .0102(10) for three years;
(k) Must have an evaluation and
suitability for employment certified
and documented by a state licensed
psychologist; and
(l) Must be truthful in providing all
required information as prescribed by
the application process.
(2) With respect to private correctional officers or
security supervisors already employed as of
the effective date of these Rules, the
Department of Correction shall verify that
correctional officers and security supervisors
working for private correctional service
providers have met the essential hiring
standards. To accomplish this the department
will:
(a) Require the private correctional
service providers to submit a
"Verification of Employment
Standards" checklist for each
correctional officer and security
supervisor to the department. In
addition to the applicant's name,
social security number, position title
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and effective date of employment, the
checklist will, at a minimum, verify
that all essential employment
standards as described in Item (1) of
this Rule have been completed. The
verification of employment form will
contain an authorizing signature line
and a space to record the date.
(b) Upon receipt of the Verification of
Employment Standards checklist by
the Department of Correction,
departmental staff will review the
checklist and respond in a
memorandum to the private
correctional service provider as to
whether the individual applicant
meets or does not meet the minimum
essential employment standards.
(c) To verify if a correctional officer or
security supervisor who pleads no
contest to, pleads guilty to or is found
guilty of a felony or misdemeanor
criminal offense is eligible for
employment or continued
employment, the private correctional
service provider will submit a
"Notification Form for Criminal
Convictions" to the Department of
Correction for review. This form will
include at a minimum the employee's
name, social security number, and
position title. The form will also
include the date of arrest, nature of
the offense (including the general
statute number), court of jurisdiction,
the specific plea, date of disposition
and a description of the disposition.
The form will be signed and dated by
an authorized private correctional
service provider representative and
forwarded to the Department of
Correction for review. The form will
contain space for Department of
Correction personnel to verify if the
employee meets or continues to meet
the essential employment standards.
(d) Upon receipt of the Notification Form
or Criminal Convictions by the
Department of Correction,
departmental staff will review the
form and note if in the Department's
opinion the employee meets or
continues to meet the minimum
essential employment standards. The
form will then be signed and dated by
an authorized NCDOC representative
and returned to the private
correctional service provider.
(e) Should a correctional officer or
security supervisor previously
designated as meeting the minimum
essential employment standards be
separated from employment the
private correctional service provider
will submit a "Report of Separation"
form to the Department of Correction
Personnel Office. This form will
contain at a minimum the separated
employee's name, social security
number, position title and date of
separation. The form will be signed
and dated by an authorized
representative of the private
correctional service provider.
History Note: Authority S.L. 2001-378;
Temporary Adoption Eff. March 6, 2002.
SECTION .0300 – TRAINING
05 NCAC 06 .0301 TRAINING STANDARDS
Correctional officers and security supervisors employed by a
private correctional service provider must successfully complete
a training curriculum that meets or exceeds the standards
required by the Criminal Justice Education and Training
Standards Commission. In order to accomplish this the private
correctional service provider will:
(1) Submit its training curriculum and all relevant
documents related to training to the North
Carolina Department of Correction;
(2) The North Carolina Department of Correction
will review the training curriculum and related
information and will certify in writing to the
private correctional service provider that it
meets or does not meet the standards of the
Criminal Justice Education and Training
Standards Commission. Should the
Department determine that the curriculum fails
to meet the standards, it will provide direction
related to the problem areas and allow the
private provider to resubmit only those
portions in question;
(3) The Department of Correction shall verify that
correctional officers and security supervisors
working for private correctional service
providers have met the essential training
standards. To accomplish this the department
will: Require the private correctional service
providers to submit a "Verification of Training
Standards" checklist for each correctional
officer and security supervisor to the
department. In addition to the applicant's
name, social security number, position title
and effective date of employment, the
checklist will, at a minimum, verify that all
essential training standards contained within
the approved curriculum have been completed.
The verification of training form will contain
an authorizing signature line and a space to
record the date;
(4) Upon receipt of the Verification of Training
Standards checklist by the Department of
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Correction, departmental staff will review the
checklist and respond in a memorandum to the
private correctional service provider as to
whether the individual applicant meets or does
not meet the training standards; and
(5) Once approved, future changes to the training
curriculum that could substantially affect its
approval will be submitted to the Department
of Correction for additional review.
History Note: Authority S.L. 2001-378;
Temporary Adoption Eff. March 6, 2002.
SECTION .0400 – COMPLIANCE
05 NCAC 06 .0401 REVIEW OF COMPLIANCE
The Department of Correction may monitor and audit private
correctional service provider's records related to the essential
hiring and training standards. To facilitate this function the
private correctional service provider is required to maintain
individual personnel files and training records for each
correctional officer and security supervisor. These files and
records will:
(1) Contain all necessary documentation required
to verify that an individual correctional officer
or security supervisor meets the minimum
relevant hiring standards;
(2) Contain all necessary documentation required
to verify that an individual correctional officer
or security supervisor has completed the
approved training standards; and
(3) Be accessible upon request to Department of
Correction personnel for review and audit.
Should the Department of Correction have
concerns or require additional information
related to the hiring and/or training standards
of any individual correctional officer or
security supervisor, they may request
additional information be provided.
History Note: Authority S.L. 2001-378;
Temporary Adoption Eff. March 6, 2002.
TITLE 07 – DEPARTMENT OF CULTURAL
RESOURCES
Rule-making Agency: USS North Carolina Battleship
Commission
Rule Citation: 07 NCAC 05 .0203
Effective Date: September 1, 2002
Findings Reviewed and Approved by: Beecher R. Gray
Authority for the rulemaking: G.S. 143B-73
Reason for Proposed Action: To increase the Admissions fee
schedule for the Battleship North Carolina.
Comment Procedures: Provide comments in writing to
Director, Battleship North Carolina, PO Box 480, Wilmington,
NC 28402-0480.
CHAPTER 05 - U.S.S. NORTH CAROLINA BATTLESHIP
COMMISSION
SECTION .0200 - USE REGULATIONS
07 NCAC 05 .0203 ADMISSION PRICES
(a) The admission price for the Battleship U.S.S. North Carolina
is eight dollars ($8.00) nine dollars ($9.00) for persons age 12
and over, four dollars ($4.00) four dollars and fifty cents ($4.50)
for children age 6 through 11, two dollars ($2.00) two dollars
and twenty-five cents ($2.25) per student for organized school
groups in grades kindergarten through 6, and four dollars ($4.00)
four dollars and fifty cents ($4.50) per student for organized
school groups in grades 7 through 12.
(b) There is no charge for children under 6.
(c) Classroom teachers, aides, and chaperones accompanying
students in class field trips will be admitted without charge at the
rate of one teacher/aide/chaperone for each 10 students.
History Note: Authority G.S. 143B-73;
Eff. February 1, 1976;
Readopted Eff. December 1, 1977;
Amended Eff. January 1, 1993; January 1, 1990; June 1, 1989;
February 1, 1987;
Temporary Amendment Eff. January 1, 1997;
Amended Eff. April 1, 1997;
Temporary Amendment Eff. January 1, 1997 Expired on
September 29, 1997;
Temporary Amendment Eff. March 1, 1998;
Amended Eff. July 1, 1998;
Temporary Amendment Eff. September 1, 2002.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
Rule-making Agency: NC Department of Environment and
Natural Resources
Rule Citation: 15A NCAC 01R .0101
Effective Date: March 1, 2002
Findings Reviewed and Approved by: Beecher R. Gray
Authority for the rulemaking: G.S. 143B-289.41(b); 143B-
289.44
Reason for Proposed Action: The North Carolina Aquariums
have the authority to establish uniform entrance fees for its
facilities, pursuant to G.S. 143-289.44. The Secretary of the
Department of Environment and Natural Resources has
determined that existing fee revenue and recent General
Assembly budgetary actions will not allow operations at the
Aquariums to be maintained at an adequate level of service
without the attached fee schedule being put in place as soon as
possible. The general appropriations to the Aquariums were
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1873
recently reduced by $500,000, and it was anticipated at that time
that the reduction would be covered by fee increases. Additional
budget constraints have been placed on the Aquariums since
then, as well as other parts of State government. Funding
through these fees is critical to allow the public a continued
level of reasonable service and availability.
Comment Procedures: Written comments may be submitted to
Mr. Rhett White, Director of NC Aquariums, 417 N. Blount St.,
Raleigh, NC. For further information, contact Mr. White at
(919) 733-2290.
CHAPTER 01 – DEPARTMENTAL RULES
SUBCHAPTER 01R – NORTH CAROLINA AQUARIUMS
SECTION .0100 – FEES
15A NCAC 01R .0101 FEE SCHEDULE
(a) The following schedule of fees shall be applicable to govern
admission to the North Carolina Aquariums:
(1) Roanoke Island:
(A) Adults, 18 and over $6.00;
(B) Senior Citizens $5.00;
(C) Active Military $5.00;
(D) Ages 6-17 $4.00.
(2) Fort Fisher:
(A) Adults, 18 and over $6.00;
(B) Senior Citizens $5.00;
(C) Active Military $5.00;
(D) Ages 6-17 $4.00.
(3) Pine Knoll Shores:
(A) Adults, 18 and over $4.00;
(B) Senior Citizens $3.00;
(C) Active Military $3.00;
(D) Ages 6-17 $2.00.
(b) Free admission is offered to the following groups:
(1) Aquarium Society Members;
(2) North Carolina School groups;
(3) American Zoo and Aquarium Association
reciprocals ; and
(4) Children under the age of six.
Free or modified admissions may also be offered on a case-by-case
basis on state holidays, and for group events at the North
Carolina Aquariums.
History Note: Authority G.S. 143B-289.41(b); 143B-289.44;
Temporary Adoption Eff. March 1, 2002.
* * * * * * * * * * * * * * * * * * * *
Rule-making Agency: Coastal Resources Commission
Rule Citation: 15A NCAC 07H .0209
Effective Date: February 15, 2002
Findings Reviewed and Approved by: Beecher R. Gray
Authority for the rulemaking: G.S. 113A-107(b); 113A-108;
113A-113(b); 113A-124
Reason for Proposed Action: The proposed temporary
amendment would establish additional criteria for exceptions to
the regulatory requirement, effective as of August 1, 2000, of a
30-foot development setback along public trust and estuarine
waters. The proposed amendment would allow the construction
of residences on previously platted undeveloped lots that are
located in intensively developed areas that would otherwise be
prohibited under rules adopted by the CRC pursuant to G.S.
113A, Article 7.
Comment Procedures: Written comments should be submitted
to Mike Lopazanski, 1638 Mail Service Center, Raleigh, NC
27699-1638, 919-733-2293.
CHAPTER 07 – COASTAL MANAGEMENT
SUBCHAPTER 07H - STATE GUIDELINES FOR AREAS
OF ENVIRONMENTAL CONCERN
SECTION .0200 - THE ESTUARINE AND OCEAN
SYSTEM
15A NCAC 07H .0209 COASTAL SHORELINES
(a) Description. The Coastal Shorelines category includes
estuarine shorelines and public trust shorelines. Estuarine
shorelines AEC are those non-ocean shorelines extending from
the normal high water level or normal water level along the
estuarine waters, estuaries, sounds, bays, fresh and brackish
waters, and public trust areas as set forth in an agreement
adopted by the Wildlife Resources Commission and the
Department of Environment and Natural Resources [described in
Rule .0206(a) of this Section] for a distance of 75 feet landward.
For those estuarine shorelines immediately contiguous to waters
classified as Outstanding Resource Waters by the Environmental
Management Commission, the estuarine shoreline AEC shall
extend to 575 feet landward from the normal high water level or
normal water level, unless the Coastal Resources Commission
establishes the boundary at a greater or lesser extent following
required public hearing(s) within the affected county or counties.
Public trust shorelines AEC are those non-ocean shorelines
immediately contiguous to public trust areas, as defined in Rule
07H .0207(a) of this Section, located inland of the dividing line
between coastal fishing waters and inland fishing waters as set
forth in that agreement and extending 30 feet landward of the
normal high water level or normal water level.
(b) Significance. Development within coastal shorelines
influences the quality of estuarine and ocean life and is subject
to the damaging processes of shore front erosion and flooding.
The coastal shorelines and wetlands contained within them serve
as barriers against flood damage and control erosion between the
estuary and the uplands. Coastal shorelines are the intersection
of the upland and aquatic elements of the estuarine and ocean
system, often integrating influences from both the land and the
sea in wetland areas. Some of these wetlands are among the
most productive natural environments of North Carolina and
they support the functions of and habitat for many valuable
commercial and sport fisheries of the coastal area. Many land-based
activities influence the quality and productivity of
estuarine waters. Some important features of the coastal
shoreline include wetlands, flood plains, bluff shorelines, mud
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and sand flats, forested shorelines and other important habitat
areas for fish and wildlife.
(c) Management Objective. The management objective is to
ensure that shoreline development is compatible with both the
dynamic nature of coastal shorelines as well as the values and
the management objectives of the estuarine and ocean system.
Other objectives are to conserve and manage the important
natural features of the estuarine and ocean system so as to
safeguard and perpetuate their biological, social, aesthetic, and
economic values; to coordinate and establish a management
system capable of conserving and utilizing these shorelines so as
to maximize their benefits to the estuarine and ocean system and
the people of North Carolina.
(d) Use Standards. Acceptable uses shall be those consistent
with the management objectives in Paragraph (c) of this Rule.
These uses shall be limited to those types of development
activities that will not be detrimental to the public trust rights
and the biological and physical functions of the estuarine and
ocean system. Every effort shall be made by the permit
applicant to avoid, mitigate or reduce adverse impacts of
development to estuarine and coastal systems through the
planning and design of the development project. In every
instance, the particular location, use, and design characteristics
shall comply with the general use and specific use standards for
coastal shorelines, and where applicable, the general use and
specific use standards for coastal wetlands, estuarine waters, and
public trust areas described in Rule .0208 of this Section.
(1) All development projects, proposals, and
designs shall preserve and not weaken or
eliminate natural barriers to erosion, including,
but not limited to, peat marshland, resis tant
clay shorelines, and cypress-gum protective
fringe areas adjacent to vulnerable shorelines.
(2) All development projects, proposals, and
designs shall limit the construction of
impervious surfaces and areas not allowing
natural drainage to only so much as is
necessary to adequately service the major
purpose or use for which the lot is to be
developed. Impervious surfaces shall not
exceed 30 percent of the AEC area of the lot,
unless the applicant can effectively
demonstrate, through innovative design, that
the protection provided by the design would be
equal to or exceed the protection by the 30
percent limitation. Redevelopment of areas
exceeding the 30 percent impervious surface
limitation may be permitted if impervious
areas are not increased and the applicant
designs the project to comply with the intent of
the rule to the maximum extent feasible.
(3) All development projects, proposals, and
designs shall comply with the following
mandatory standards of the North Carolina
Sedimentation Pollution Control Act of 1973:
(A) All development projects, proposals,
and designs shall provide for a buffer
zone along the margin of the
estuarine water which is sufficient to
confine visible siltation within 25
percent of the buffer zone nearest the
land disturbing development.
(B) No development project proposal or
design shall permit an angle for
graded slopes or fill which is greater
than an angle which can be retained
by vegetative cover or other
erosion-control devices or structures.
(C) All development projects, proposals,
and designs which involve
uncovering more than one acre of
land shall plant a ground cover
sufficient to restrain erosion within
30 working days of completion of the
grading; provided that this shall not
apply to clearing land for the purpose
of forming a reservoir later to be
inundated.
(4) Development shall not have a significant
adverse impact on estuarine and ocean
resources. Significant adverse impacts shall
include but not be limited to development that
would directly or indirectly imp air water
quality standards, increase shoreline erosion,
alter coastal wetlands or Submerged Aquatic
Vegetation (SAV), deposit spoils waterward of
normal water level or normal high water, or
cause degradation of shellfish beds.
(5) Development shall not interfere with existing
public rights of access to, or use of, navigable
waters or public resources.
(6) No public facility shall be permitted if such a
facility is likely to require public expenditures
for maintenance and continued use, unless it
can be shown that the public purpose served
by the facility outweighs the required public
expenditures for construction, maintenance,
and continued use. For the purpose of this
standard, "public facility" shall mean a project
that which is paid for in any part by public
funds.
(7) Development shall not cause irreversible
damage to valuable, historic architectural or
archaeological resources as documented by the
local historic commission or the North
Carolina Department of Cultural Resources.
(8) Established common-law and statutory public
rights of access to the public trust lands and
waters in estuarine areas shall not be
eliminated or restricted. Development shall
not encroach upon public accessways nor shall
it limit the intended use of the accessways.
(9) Within the AECs for shorelines contiguous to
waters classified as Outstanding Resource
Waters by the EMC, no CAMA permit shall
be approved for any project which would be
inconsistent with applicable use standards
adopted by the CRC, EMC or MFC for
estuarine waters, public trust areas, or coastal
wetlands. For development activities not
covered by specific use standards, no permit
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shall be issued if the activity would, based on
site-specific information, degrade the water
quality or outstanding resource values.
(10) Within the Coastal Shorelines category
(estuarine and public trust shoreline AECs),
new development shall be located a distance of
30 feet landward of the normal water level or
normal high water level, with the exception of
the following:
(A) Water-dependent uses as described in
Rule 07H .0208(a)(1) of this Section;
(B) Pile-supported signs (in accordance
with local regulations);
(C) Post- or pile -supported fences;
(D) Elevated, slatted, wooden boardwalks
exclusively for pedestrian use and six
feet in width or less. The boardwalk
may be greater than six feet in width
if it is to serve a public use or need;
(E) Crab Shedders, if uncovered with
elevated trays and no associated
impervious surfaces except those
necessary to protect the pump;
(F) Decks/Observation Decks limited to
slatted, wooden, elevated and
unroofed decks that shall not
singularly or collectively exceed 200
square feet;
(G) Grading, excavation and landscaping
with no wetland fill except when
required by a permitted shoreline
stabilization project. Projects shall
not increase stormwater runoff to
adjacent estuarine and public trust
waters, and
(H) Development over existing
impervious surfaces, provided that
the existing impervious surface is not
increased and the applicant designs
the project to comply with the intent
of the rules to the maximum extent
feasible.
(e) Exceptions to the 30-foot buffer requirement set forth in 07H
.0209(d)(10) of this Section. Development shall be exempted
from the buffer requirement set out in Paragraph (d) of this Rule
under the following circumstances:
(1) Where application of the buffer requirement
would preclude placement of a residential
structure with a footprint of 1,200 square feet
or less on lots, parcels and tracts platted prior
to June 1, 1999, development may be
permitted within the buffer as required in
section 07H .0209(d)(10), providing the
following criteria are met:
(A) Development shall minimize the
impacts to the buffer and reduce
runoff by limiting land disturbance to
only so much as is necessary to
construct and provide access to the
residence and to allow installation or
connection of utilities such as water
and sewer;
(B) The residential structure development
shall be located a distance landward
of the normal high water or normal
water level equal to 20 percent of the
greatest depth of the lot. Existing
structures that encroach into the
applicable buffer area may be
replaced or repaired consistent with
the criteria set out in 07J .0201 and
07J .0211.
(2) Where application of the buffer requirement
would preclude placement of a residential
structure on undeveloped lots platted prior to
June 1, 1999, that are 5,000 square feet or less
that do not require onsite septic systems, or
lots that are 7,500 square feet or less that
require onsite septic systems, development
may be permitted within the buffer as required
in section 7H .0209(d)(10), providing the
following criteria are met;
(A) The lot is located in an intensely
developed area and where existing
waterfront residential structures are
present on lots on both sides
immediately adjacent to the proposed
residential structure;
(B) Development shall minimize the
impacts to the buffer and reduce
runoff by limiting land disturbance to
only so much as is necessary to
construct and provide access to the
residence and to allow installation or
connection of utilities such as water
and sewer;
(C) Placement of the residential structure
and associated pervious decking (e.g.
slatted wood) may be aligned no
further into the buffer than the
existing residential structures and
existing pervious decking on
adjoining lots;
(D) The first one and one-half inch of
rainfall from all impervious surfaces
on the lot shall be collected and
contained on site in accordance with
the design standards for stormwater
management for coastal counties as
specified in NCAC 15A 2H .1005. If
the residential structure encroaches
into the buffer, then no other
impervious surfaces will be allowed
within the buffer;
(E) The lot must not be adjacent to waters
designated by the Division of
Environmental Health, Shellfish
Sanitation, as approved or
conditionally approved shellfish
waters.
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(2) Where application of the buffer requirement
set out in Subparagraph (d)(10) of this Rule
would preclude placement of a residential
structure on an undeveloped lot platted prior to
June 1, 1999 that is 5,000 square feet or less
that does not require an on-site septic system,
or on an undeveloped lot that is 7,500 square
feet or less that requires an on-site septic
system, development may be permitted within
the buffer if all the following criteria are met:
(A) The lot on which the proposed
residential structure is to be located,
is located between:
(i) Two existing waterfront
residential structures, both of
which are within 100 feet of
the center of the lot and at
least one of which
encroaches into the buffer;
or
(ii) An existing waterfront
residential structure that
encroaches into the buffer
and a road, canal, or other
open body of water, both of
which are within 100 feet of
the center of the lot;
(B) Development of the lot shall
minimize the impacts to the buffer
and reduce runoff by limiting land
disturbance to only so much as is
necessary to construct and provide
access to the residence and to allow
installation or connection of utilities;
(C) Placement of the residential structure
and pervious decking may be aligned
no further into the buffer than the
existing residential structures and
existing pervious decking on
adjoining lots;
(D) The first one and one-half inches of
rainfall from all impervious surfaces
on the lot shall be collected and
contained on-site in accordance with
the design standards for stormwater
management for coastal counties as
specified in 15A NCAC 02H .1005.
The stormwater management system
shall be designed by an individual
who meets applicable State
occupational licensing requirements
for the type of system proposed and
approved during the permit
application process. If the residential
structure encroaches into the buffer,
then no other impervious surfaces
will be allowed within the buffer; and
(E) The lot must not be adjacent to waters
designated as approved or
conditionally approved shellfish
waters by the Shellfish Sanitation
Section of the Division of
Environmental Health of the
Department of Environment and
Natural Resources.
(f) The buffer requirements in 07H .0209 (d)(10) of this Rule
will not apply to Coastal Shorelines where the Environmental
Management Commission (EMC) has adopted rules that contain
buffer standards, or to Coastal Shorelines where the EMC adopts
such rules, upon the effective date of those rules.
(g) Specific Use Standards for Outstanding Resource Waters
(ORW) Coastal Shorelines.
(1) Within the AEC for estuarine and public trust
shorelines contiguous to waters classified as
ORW by the EMC, all development projects,
proposals, and designs shall limit the built
upon area in the AEC to no more than 25
percent or any lower site specific percentage
as adopted by the EMC as necessary to protect
the exceptional water quality and outstanding
resource values of the ORW, and shall:
(A) have no stormwater collection
system;
(B) provide a buffer zone of at least 30
feet from the normal high water line
or normal water line;
(C) otherwise be consistent with the use
standards set out in Paragraph (d) of
this Rule.
(2) Development (other than single-family
residential lots) more than 75 feet from the
normal high water line or normal water line
but within the AEC as of June 1, 1989 shall be
permitted in accordance with rules and
standards in effect as of June 1, 1989 if:
(A) the development has a CAMA permit
application in process, or
(B) the development has received
preliminary subdivision plat approval
or preliminary site plan approval
under applicable local ordinances,
and in which financial resources have
been invested in design or
improvement;
(3) Single -family residential lots that would not be
buildable under the low-density standards
defined in Paragraph (g)(1) of this Rule may
be developed for single-family residential
purposes so long as the development complies
with those standards to the maximum extent
possible.
(4) For ORW nominated subsequent to June 1,
1989, the effective date in Paragraph (g)(2) of
this Rule shall be the dates of nomination by
the EMC.
(h) Urban Waterfronts.
(1) Description. Urban Waterfronts are waterfront
areas, not adjacent to Outstanding Resource
Waters, in the Coastal Shorelines category that
lie within the corporate limits of any
municipality duly chartered within the 20
coastal counties of the state. In determining
TEMPORARY RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1877
whether an area is an urban waterfront, the
following criteria shall be met as of the
effective date of this Rule:
(A) The area lies wholly within the
corporate limits of a municipality;
and
(B) the area is in a central business
district where there is minimal
undeveloped land, mixed land uses,
and urban level services such as
water, sewer, streets, solid waste
management, roads, police and fire
protection, or an industrial zoned area
adjacent to a central business district.
(2) Significance. Urban waterfronts are
recognized as having cultural, historical and
economic significance for many coastal
municipalities. Maritime traditions and
longstanding development patterns make these
areas suitable for maintaining or promoting
dense development along the shore. With
proper planning and stormwater management,
these areas may continue to preserve local
historical and aesthetic values while enhancing
the economy.
(3) Management Objectives. To provide for the
continued cultural, historical, aesthetic and
economic benefits of urban waterfronts.
Activities such as in-fill development, reuse
and redevelopment facilitate efficient use of
already urbanized areas and reduce
development pressure on surrounding areas, in
an effort to minimize the adverse cumulative
environmental effects on estuarine and ocean
systems. While recognizing that opportunities
to preserve buffers are limited in highly
developed urban areas, they are encouraged
where practical.
(4) Use Standards:
(A) The buffer requirement pursuant to
this Rule [07H .0209 (d)(10)] is not
required for development within
designated Urban Waterfronts that
meets the following standards:
(i) The development must be
consistent with the locally
adopted land use plan;
(ii) Impervious surfaces shall
not exceed 30 percent of the
AEC area of the lot.
Impervious surfaces may
exceed 30 percent if the
applicant can effectively
demonstrate, through a
stormwater management
system design, that the
protection provided by the
design would be equal to or
exceed the protection by the
30 percent limitation. The
stormwater management
system shall be designed by
an individual who meets any
North Carolina occupational
licensing requirements for
the type of system proposed
and approved during the
permit application process.
Redevelopment of areas
exceeding the 30 percent
impervious surface
limitation may be permitted
if impervious areas are not
increased and the applicant
designs the project to
comply with the intent of the
rule to the maximum extent
feasible.
(iii) The development shall meet
all state stormwater
management requirements as
required by the NC
Environmental Management
Commission.
(B) Non-water dependent uses over
estuarine waters, public trust waters
and coastal wetlands may be allowed
only within designated Urban
Waterfronts as set out below.
(i) Existing structures over
coastal wetlands, estuarine
waters or public trust areas
may be used for non-water
dependent purposes.
(ii) Existing enclosed structures
may be expanded vertically
provided that vertical
expansion does not exceed
the original footprint of the
structure.
(iii) New structures built for non-water
dependent purposes
are limited to pile-supported,
single-story, unenclosed
decks and boardwalks, and
must meet the following
criteria:
(I) The proposed
development must
be consistent with a
locally adopted
waterfront access
plan that provides
for enhanced public
access to the
shoreline;
(II) Structures may be
roofed but shall not
be enclosed by
partitions, plastic
sheeting, screening,
netting, lattice or
TEMPORARY RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1878
solid walls of any
kind and shall be
limited to a single
story;
(III) Structures must be
pile supported and
require no filling of
coastal wetlands,
estuarine waters or
public trust areas;
(IV) Structures shall not
extend more than
20 feet waterward
of the normal high
water level or
normal water level;
(V) Structures must be
elevated at least
three feet over the
wetland substrate as
measured from the
bottom of the
decking;
(VI) Structures shall
have no more than
six feet of any
dimension
extending over
coastal wetlands;
(VII) Structures shall not
interfere with
access to any
riparian property
and shall have a
minimum setback
of 15 feet between
any part of the
structure and the
adjacent property
owners’ areas of
riparian access. The
line of division of
areas of riparian
access shall be
established by
drawing a line
along the channel
or deep water in
front of the
properties, then
drawing a line
perpendicular to the
line of the channel
so that it intersects
with the shore at
the point the upland
property line meets
the water's edge.
The minimum
setback provided in
the rule may be
waived by the
written agreement
of the adjacent
riparian owner(s) or
when two adjoining
riparian owners are
co-applicants.
Should the adjacent
property be sold
before construction
of the structure
commences, the
applicant shall
obtain a written
agreement with the
new owner waiving
the minimum
setback and submit
it to the permitting
agency prior to
initiating any
development;
(VIII) Structures must be
consistent with the
US Army Corps of
Engineers setbacks
along federally
authorized
waterways;
(IX) Structures shall
have no significant
adverse impacts on
fishery resources,
water quality or
adjacent wetlands
and there must be
no reasonable
alternative that
would avoid
wetlands.
Significant adverse
impacts shall
include but not be
limited to the
development that
would directly or
indirectly impair
water quality
standards, increase
shoreline erosion,
alter coastal
wetlands or
Submerged Aquatic
Vegetation (SAV),
deposit spoils
waterward of
normal water level
or normal high
water level, or
cause degradation
of shellfish beds;
TEMPORARY RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1879
(X) Structures shall not
degrade waters
classified as SA or
High Quality
Waters or
Outstanding
Resource Waters as
defined by the NC
Environmental
Management
Commission;
(XI) Structures shall not
degrade Critical
Habitat Areas or
Primary Nursery
Areas as defined by
the NC Marine
Fisheries
Commission; and
(XII) Structures shall not
pose a threat to
navigation.
History Note: Authority G.S. 113A-107(b); 113A-108;
113A-113(b); 113A-124;
Eff. September 1, 1977;
Amended Eff. April 1, 2001; August 1, 2000; August 3, 1992;
December 1, 1991; May 1, 1990; October 1, 1989;
Temporary Amendment Eff. October 15, 2001 (exempt from 270
day requirement-S.L. 2000-142);
Temporary Amendment Eff. February 15, 2002 (exempt from
270 day requirement-S.L. 2001-494).
APPROVED RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1880
This Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its meeting of
January 17, 2002 pursuant to G.S. 150B-21.17(a)(1) and reported to the Joint Legislative Administrative Procedure Oversight
Committee pursuant to G.S. 150B-21.16. The full text of rules is published below when the rules have been approved by RRC in a
form different from that originally noticed in the Register or when no notice was required to be published in the Register. The
rules published in full text are identified by an * in the listing of approved rules. Statutory Reference: G.S. 150B-21.17.
These rules, unless otherwise noted, will become effective on the 31st legislative day of the 2001 Session of the General Assembly
or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that specifically disapproves the
rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on the day the bill receives an unfavorable
final action or the day the General Assembly adjourns. Statutory reference: G.S. 150B-21.3.
REGISTER CITATION TO THE
APPROVED RULE CITATION NOTICE OF TEXT
04 NCAC 19L .0103 16:05 NCR
04 NCAC 19L .0401 16:05 NCR
04 NCAC 19L .0403* 16:05 NCR
04 NCAC 19L .0407* 16:05 NCR
04 NCAC 19L .0501-.0502* 16:05 NCR
04 NCAC 19L .0911 16:05 NCR
04 NCAC 19L .1002* 16:05 NCR
04 NCAC 19L .1701* 16:05 NCR
04 NCAC 19L .1702 16:05 NCR
04 NCAC 19L .1703* 16:05 NCR
04 NCAC 19L .2002 16:05 NCR
04 NCAC 19L .2003* 16:05 NCR
10 NCAC 41H .0409-.0410 16:07 NCR
10 NCAC 42B .2701* 16:09 NCR
10 NCAC 42B .2702 16:09 NCR
10 NCAC 42B .2703* 16:09 NCR
10 NCAC 42C .4002* 16:09 NCR
10 NCAC 42C .4003 16:09 NCR
10 NCAC 42C .4004* 16:09 NCR
10 NCAC 42D .2302* 16:09 NCR
10 NCAC 42D .2303 16:09 NCR
10 NCAC 42D .2304* 16:09 NCR
12 NCAC 09B .0102* 16:06 NCR
12 NCAC 09B .0203* 16:06 NCR
12 NCAC 09B .0205* 16:06 NCR
12 NCAC 09B .0215* 16:06 NCR
12 NCAC 09B .0233* 16:06 NCR
12 NCAC 09C .0403 16:06 NCR
12 NCAC 09D .0202 16:06 NCR
12 NCAC 09D .0204-.0205 16:06 NCR
15A NCAC 02B .0315* 16:02 NCR
15A NCAC 02C .0107* 16:09 NCR
15A NCAC 02C .0112* 16:09 NCR
15A NCAC 03J .0103 16:09 NCR
15A NCAC 03M .0101 16:09 NCR
15A NCAC 03M .0301 16:07 NCR
15A NCAC 03M .0501* 16:09 NCR
15A NCAC 03O .0101 16:07 NCR
15A NCAC 04B .0126* 16:06 NCR
15A NCAC 07B .0101 16:02 NCR
15A NCAC 07B .0201-.0204 16:02 NCR
15A NCAC 07B .0206-.0207 16:02 NCR
15A NCAC 07B .0210-.0216 16:02 NCR
15A NCAC 07B .0401-.0406 16:02 NCR
15A NCAC 07B .0501-.0507 16:02 NCR
APPROVED RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1881
15A NCAC 07B .0601-.0602* 16:02 NCR
15A NCAC 07B .0702* 16:02 NCR
15A NCAC 07B .0802* 16:02 NCR
15A NCAC 07B .0901* 16:02 NCR
15A NCAC 07L .0101-.0102* 16:06 NCR
15A NCAC 07L .0201-.0206 16:06 NCR
15A NCAC 07L .0301-.0304 16:06 NCR
15A NCAC 07L .0401-.0405 16:06 NCR
15A NCAC 07L .0501-.0509* 16:06 NCR
15A NCAC 07L .0511-.0513* 16:06 NCR
15A NCAC 07L .0514 16:06 NCR
15A NCAC 07L .0601-.0603* 16:06 NCR
15A NCAC 07L .0701-.0705* 16:06 NCR
15A NCAC 18A .0164* 16:07 NCR
15A NCAC 18A .0169 16:07 NCR
15A NCAC 18A .0173* 16:07 NCR
15A NCAC 18A .0436* 16:07 NCR
15A NCAC 18C .0408 16:07 NCR
15A NCAC 18C .1505-.1506* 16:07 NCR
15A NCAC 18C .1515* 16:07 NCR
15A NCAC 18C .1519* 16:07 NCR
15A NCAC 18C .1520-.1523 16:07 NCR
15A NCAC 18C .1525* 16:07 NCR
15A NCAC 18C .1526 16:07 NCR
15A NCAC 18C .1607 16:07 NCR
15A NCAC 18C .2003* 16:07 NCR
15A NCAC 18C .2008 16:07 NCR
15A NCAC 18D .0301-.0303* not required (G.S. 150B-21.5), Eff. February 1, 2002
15A NCAC 18D .0501* not required (G.S. 150B-21.5), Eff. February 1, 2002
15A NCAC 18D .0508* not required (G.S. 150B-21.5), Eff. February 1, 2002
19A NCAC 02B .0165* 16:05 NCR
21 NCAC 18B .0204* 16:10 NCR
21 NCAC 18B .0206 16:10 NCR
21 NCAC 18B .0207* 16:10 NCR
21 NCAC 18B .0208 16:10 NCR
21 NCAC 18B .0209* 16:10 NCR
21 NCAC 18B .0210 16:10 NCR
21 NCAC 18B .0404-.0405 16:10 NCR
21 NCAC 46 .1817 16:05 NCR
21 NCAC 46 .2004* 16:05 NCR
21 NCAC 46 .2506 16:05 NCR
21 NCAC 57A .0102* 16:09 NCR
21 NCAC 57A .0202 16:09 NCR
21 NCAC 57A .0204* 16:09 NCR
21 NCAC 57A .0205-.0207 16:09 NCR
21 NCAC 57A .0208-.0210* 16:09 NCR
21 NCAC 57A .0301* 16:09 NCR
21 NCAC 57A .0303-.0304 16:09 NCR
21 NCAC 57A .0401-.0404 16:09 NCR
21 NCAC 57A .0405-.0406* 16:09 NCR
21 NCAC 57A .0408 16:09 NCR
21 NCAC 57A .0501* 16:09 NCR
21 NCAC 57B .0101* 16:09 NCR
21 NCAC 57B .0102-.0103 16:09 NCR
21 NCAC 57B .0204* 16:09 NCR
21 NCAC 57B .0206-.0208 16:09 NCR
21 NCAC 57B .0209-.0210* 16:09 NCR
21 NCAC 57B .0302* 16:09 NCR
21 NCAC 57B .0304* 16:09 NCR
21 NCAC 57B .0307* 16:09 NCR
21 NCAC 57B .0401 16:09 NCR
APPROVED RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1882
21 NCAC 57B .0403* 16:09 NCR
21 NCAC 57B .0503* 16:09 NCR
21 NCAC 57B .0601 16:09 NCR
21 NCAC 57B .0603-.0608* 16:09 NCR
21 NCAC 57B .0611-.0612* 16:09 NCR
21 NCAC 57C .0101 16:09 NCR
21 NCAC 57C .0102* 16:09 NCR
21 NCAC 57C .0302* 16:09 NCR
21 NCAC 58A .0104* 16:08 NCR
21 NCAC 58A .0107-.0109* 16:08 NCR
21 NCAC 58A .0110* 16:08 NCR
21 NCAC 58A .0114 16:08 NCR
21 NCAC 58A .0503* 16:08 NCR
21 NCAC 58A .0507* 16:08 NCR
21 NCAC 58A .0616* 16:08 NCR
21 NCAC 58A .1401 16:08 NCR
21 NCAC 58C .0106 16:08 NCR
21 NCAC 58C .0215 16:08 NCR
21 NCAC 58C .0216* 16:08 NCR
21 NCAC 58C .0302* 16:08 NCR
21 NCAC 58C .0303 16:08 NCR
21 NCAC 58C .0605 16:08 NCR
21 NCAC 58E .0203 16:08 NCR
21 NCAC 58E .0406* 16:08 NCR
21 NCAC 64 .0211* 16:05 NCR
25 NCAC 01B .0438* 16:10 NCR
TITLE 4 - DEPARTMENT OF COMMERCE
04 NCAC 19L .0403 SIZE AND USE OF GRANTS
MADE TO RECIPIENTS
(a) There is no minimum grant amount which applicants may
request or be awarded. Grant awards made to any one recipient
shall not exceed the following amount in each grant category:
Community Revitalization: Concentrated Needs subcategory -
seven hundred thousand dollars ($700,000), Infrastructure
category - eight hundred fifty thousand dollars ($850,000), and
Scattered Site Housing category - four hundred thousand dollars
($400,000) Housing Development - two hundred fifty thousand
dollars ($250,000); Urgent Needs - six hundred thousand dollars
($600,000); Contingency - six hundred thousand dollars
($600,000). Applicants shall not have a project or combination
of projects under active consideration for funding which exceeds
one million two hundred fifty thousand dollars ($1,250,000),
except for Urgent Needs projects, Demonstration projects,
Capacity Building, and Scattered Site Housing. Applicants in
the Community Revitalization category shall choose to apply for
either a Concentrated Needs award, or a Revitalization Strategy
award.
(b) No local government may receive more than a total of one
million two hundred fifty thousand dollars ($1,250,000) in
CDBG funds in the period that the state distributes its annual
HUD allocation of CDBG funds; except that local governments
may also receive up to six hundred thousand dollars ($600,000)
for a project that addresses Urgent Needs and funds for one
demonstration project in addition to other grants awarded during
the same time period.
(c) Concentrated Needs subcategory applicants may spend a
portion of their total grant amount to finance local option
activities. Up to 15 percent may be spent on eligible activities
which do not need to be directly related to proposed projects.
Job creation activities are not eligible local option activities.
Local option activities shall not be competitively rated by the
Division, but may be limited to specific eligible activities. Each
local option project must show that:
(1) At least fifty-one percent of the CDBG funds
proposed for each activity will benefit low-and
moderate-income persons, except that
CDBG funds may be used for acquisition,
disposition, or clearance of vacant units to
address the national objective of prevention or
elimination of slums or blight; and
(2) CDBG funds proposed for each activity will
address the national objective of benefiting
low- and moderate-income persons, or aid in
the prevention or elimination of slums or
blight.
(d) The Division may review grant requests to determine the
reasonableness and appropriateness of all proposed
administrative and planning costs. Notwithstanding Rule .0910
of this Subchapter, grantees may not increase their approved
planning and administrative budgets without prior Division
approval. In no case, may applicants budget and expend more
than 18 percent of the sum of funds requested and program
income for administrative and planning activities for each
project, except that demonstration funds may be awarded for
projects limited to planning activities only in which case all
funds will be spent for planning and administration.
(e) Applicants may spend CDBG funds in those areas in which
the applicant has the legal authority to undertake project
activities.
(f) Grants to specific recipients shall be provided in amounts
commensurate with the size of the applicant's program. In
APPROVED RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1883
determining appropriate grant amounts for each applicant, the
Division may consider an applicant's need, proposed activities,
all proposed administrative and planning costs, and ability to
carry out the proposed activities.
History Note: Authority G.S. 143B-10; 143B-431;
24 C.F.R. 570.483; 42 U.S.C. 5301;
Eff. July 1, 1982;
Amended Eff. August 1, 1998; February 1, 1996; March 1,
1995; June 1, 1994; June 1, 1993; June 1, 1992.
Temporary Amendment Eff. January 1, 2001;
Amended Eff. August 1, 2002.
04 NCAC 19L .0407 GENERAL APPLICATION
REQUIREMENTS
(a) Local governments shall submit applications as prescribed
by this Rule in order to be considered for funding. Selection of
applications for funding shall be based primarily on information
contained in the application; thus applications must contain
sufficient information for the Division to rate them against the
selection criteria. In addition, the following may be considered:
information from any source which regards the eligibility of the
applicant or application; the legality or feasibility of proposed
activities; the applicant's compliance with application procedures
specified in this Subchapter or the accuracy of the information
presented in the application; evaluation of proposed projects by
on-site review; and category-specific information described in
Sections .0500, .0700, .0800, .1200, .1300, and .1700 of this
Subchapter. All applicants shall address their projects to one of
the following grant categories: Community Revitalization (either
Concentrated Needs, or Revitalization Strategies), Housing
Development, Urgent Needs, Demonstration, Scattered Site
Housing, Infrastructure, and Economic Development.
Applicants may apply in more than one grant category,
providing the total grant application and award does not exceed
the maximum limits described in Paragraphs (a) and (b) of Rule
.0403 of this Section. Applicants shall submit an application
that describes each project in sufficient detail to be rated.
(b) Applications must be received by the Division's
administrative offices in Raleigh before 5:00 p.m. on the
submission date or sent by mail and postmarked on the
submission date.
(c) Applicants must provide citizens with adequate opportunity
for meaningful involvement in the development of Community
Development Block Grant applications. Specific citizen
participation guidelines are described further in Rule .1002 of
this Subchapter. If the Division is aware of an applicant's failure
to meet these citizen participation requirements, the Division
may not rate the application.
(d) The Division may submit all CDBG applications and
environmental review records as may be required by the
National Environmental Policy Act and the State Environmental
Policy Act to the State Clearinghouse of the Department of
Administration for review and comments. The Division may
require each applicant to submit a written description of how the
applicant proposes to address each comment received from the
State Clearinghouse.
(e) The applicant shall certify to the Division that it will comply
with all applicable federal and state laws, regulations, rules and
Executive Orders. Copies of these federal and state
requirements are available for public inspection from the
Division.
(f) Applicants must comply with the Housing and Community
Development Act of 1974 as amended, all applicable federal and
state laws, regulations, rules, and Executive Orders.
(g) Application requirements described in this Rule .0407 do not
apply to demonstration grants and Urgent Needs grants, except
for Paragraphs (a), (d), and (f).
(h) For multi-family rental housing activities, the applicant must
state in the application the standards it has adopted for
determining affordable rents for such activities.
(i) Applicants that receive CDBG funding for projects may
charge the cost of application preparation to prior CDBG
programs or to the current program provided that procurement
procedures consistent with 24 CFR 85.36 are followed. No
more than three thousand five hundred dollars ($3,500) may be
charged to the CDBG program for application preparation,
(j) Applicants may apply for a Capacity Building grant in any
category except in the Urgent Needs and Demonstration Projects
categories.
History Note: Authority G.S. 143B-10; 143B-431;
42 U.S.C.A. 5304(a); 24 C.F.R. 570.483;
Eff. July 1, 1982;
Amended Eff. August 1, 1998; March 1, 1995; June 1, 1994;
June 1, 1993; June 1, 1992;
Temporary Amendment Eff. January 1, 2001;
Amended Eff. August 1, 2002.
SECTION .0500 – COMMUNITY REVITALIZATION
PROJECTS
04 NCAC 19L .0501 DESCRIPTION
(a) The Community Revitalization category includes activities
in which a majority of funds is directed towards improving,
preserving or developing residential areas. All eligible CDBG
activities may be undertaken for the purpose of community
revitalization. Applications for funding may involve single or
multiple activities, addressing one or more needs in the area. All
Community Revitalization activities, must be carried out within
defined project areas. Community Revitalization funds shall be
distributed to eligible units of local government on a competitive
basis. Community Revitalization projects shall be evaluated
against other Community Revitalization project proposals.
(b) The Community Revitalization category includes a
subcategory for Revitalization Strategies activities which
provides funds to selected governments to address mu ltiple need
in high poverty areas. This new subcategory shall provide
funding to help carry out a long term revitalization strategy. Up
to three hundred fifty thousand dollars ($350,000) per year, shall
be awarded to eligible local government to carry out a strategy
over three to five years. Revitalization Strategies funds may be
used for any of the following components as part of strategies to
address high poverty arrears in Tier 1/Tier 2 counties and non-entitlement
municipalities with State Development Zones:
housing, public services, economic development, public
facilities, infrastructure. Activities must be targeted toward a
defined geographical area that has at least 25% poverty and
must involve collaboration with community/economic
development organizations and partners.
APPROVED RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1884
(c) The Community Revitalization category includes a
subcategory for concentrated needs activities which provides
funds for improving, preserving, or developing residential
neighborhoods. Concentrated Needs may not include more than
one project. A project may have two sub-areas. Projects may
have single or multiple activities except a project may not have
only water and sewer activities. The maximum award amount
for a Concentrated Needs application is seven hundred thousand
dollars ($700,000). The highest priority is given to housing
needs, substandard housing, lack of water/sewer, and the second
priority is given to neighborhood needs (streets and drainage).
Concentrated needs funds can be used for rehabilitation,
acquisition, clearance, relocation, disposition, water and
wastewater, and streets and drainage.
History Note: Authority G.S. 143B-10; 143B-431;
42 U.S.C.A. 5301; 24 C.F.R. 570.483;
Eff. July 1, 1982;
Amended Eff. August 1, 1998; March 1, 1995; June 1, 1994;
June 1, 1993; October 1, 1990;
Temporary Amendment Eff. January 1, 2001;
Amended Eff. August 1, 2002.
04 NCAC 19L .0502 ELIGIBILITY REQUIREMENTS
(a) Applications for concentrated needs subcategory funds must
show that:
(1) At least 51 percent of the CDBG funds
proposed for each project shall benefit low-and
moderate-income persons, except that
CDBG funds proposed for local option
activities may be used for acquisition,
disposition, or clearance of vacant units to
address the national objective of prevention or
elimination of slums or blight; and
(2) CDBG funds proposed for each activity shall
meet a national objective as specified in HUD
regulations previously incorporated by
reference, except that funds shall not be used
to meet the national objective of urgent need
which is covered by Rule .0801 of this
Subchapter.
Applications that do not meet these eligibility requirements shall
not be rated or funded. In designing projects which meet these
requirements, applicants must ensure that activities do not
benefit moderate-income persons to the exclusion of low-income
persons.
(b) Applicants for Revitalization Strategies subcategory funds
must show that:
(1) the defined area has at least 25% poverty as
determined in the most recent decennial census
and defined in HUD CPD NOTICE 97-01
paragraph D section 2 third bullet as all of
census tracts/block numbering areas in the area
have at least a 20% poverty rate, and at least
90% of them have at least a 25% poverty rate;
and the area is primarily residential.
(2) CDBG funds proposed for acquisition,
clearance, and disposition of vacant units shall
address a national objective of preventing or
eliminating slums or blight.
(c) Applicants shall have the capacity to administer a CDBG
program. The Division may examine the following areas to
determine capacity:
(1) audit and monitoring findings on previously
funded Community Development Block Grant
programs, and the applicant's fiscal
accountability as demonstrated in other state or
federal programs or local government financial
reports; and
(2) the rate of expenditure of funds and
accomplishments in previously funded CDBG
programs. Applicants that show a lack of
capacity shall not be rated or funded.
History Note: Authority G.S. 143B-10; 143B-431;
42 U.S.C.A. 5301; 24 C.F.R. 570.483;
Eff. July 1, 1982;
Amended Eff. August 1, 1998; March 1, 1995; June 1, 1994;
June 1, 1993; September 1, 1990;
Temporary Amendment Eff. January 1, 2001;
Amended Eff. August 1, 2002.
04 NCAC 19L .1002 CITIZEN PARTICIPATION
(a) Each applicant and recipient shall provide citizens with an
opportunity for meaningful involvement on a continuing basis
and for participation in the planning, implementation and
assessment of the program. Each applicant and recipient shall
provide information to citizens, hold public hearings, provide for
timely responses to citizens' complaints, and certify that it is
following a detailed Citizen Participation Plan as in (b) through
(h) of this Rule. All public hearings shall be held by the
governing board of the applicant or recipient.
(b) Citizen participation in the application process.
(1) Each applicant for CDBG funds shall:
(A) Solicit and respond in a timely
manner to views and proposals of
citizens, particularly low- and
moderate-income persons, members
of minority groups, and residents of
blighted areas where activities are
proposed. Applicants shall respond
in writing to written citizen
comments. Responses shall be made
within 10 calendar days of receipt of
the citizen comment, when
practicable.
(B) Provide technical assistance to
facilitate citizen participation, where
requested. The technical assistance
shall be provided to groups
representative of persons of low- and
moderate-income that request such
assistance in developing proposals.
The level and type shall be
determined by the applicant.
(C) Provide notices of public hearings in
a timely manner to all citizens and in
such a way as to make them
understandable to non-English
speaking persons. Hearings must be
held at times and locations
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convenient to potential or actual
beneficiaries and with
accommodations for persons with
disabilities. A notice of the public
hearing shall be published at least
once in the nonlegal section of a
newspaper having general circulation
in the area. The notice shall be
published not less than ten days nor
more than 25 days before the date
fixed for the hearing. The notice of
public hearing to obtain citizens'
views after the application has been
prepared, but prior to the submission
of the application to the Division,
shall contain a description of the
proposed project(s) including the
proposed project location, activities
to be carried out, and the total costs
of activities. The notice of the public
hearing shall also contain the
language for submitting objections
contained in the Part (b)(2)(A) of this
Rule.
(D) Schedule hearings to obtain citizens'
views and to respond to citizen
proposals at times and locations
which permit broad participation,
particularly by low- and
moderate-income persons, members
of minority groups, handicapped
persons, and residents of blighted
neighborhoods and project areas.
(E) Conduct one public hearing during
the planning process to allow citizens
the opportunity to express views and
proposals prior to formulation of the
application, except that applicants in
the Urgent Needs category are
exempt from holding this public
hearing.
(F) Conduct one public hearing after the
application has been prepared but
prior to submission of the application
to the Division.
(2) Submitting objections to the Division.
(A) Persons wishing to object to the
approval of an application by the
Division shall submit to the Division
their objections in writing. The
Division shall consider objections
made only on the following grounds:
(i) The applicant's description
of the needs and objectives
is plainly inconsistent with
available facts and data,
(ii) The activities to be
undertaken are plainly
inappropriate to meeting the
needs and objectives
identified by the applicant,
and
(iii) The application does not
comply with the
requirements of this
Subchapter or other
applicable laws.
(B) All objections shall include an
identification of the requirements not
met. In the case of objections made
on the grounds that the description of
needs and objectives is plainly
inconsistent with available facts and
data, the objection shall include the
facts and data upon which the
objection is based.
(c) Citizen Participation Plan. Recipients shall develop and
adopt, by resolution of their governing board, a written citizen
participation plan developed in accordance with all provisions of
this Rule and which:
(1) provides for and encourages citizen
participation with particular emphasis on
participation by persons of low- and
moderate-income who are residents of slum
and blight areas and of areas in which CDBG
funds are proposed to be used;
(2) provides citizens with reasonable and timely
access to local meetings, information, and
records relating to the recipient's proposed and
actual use of funds;
(3) provides for technical assistance to groups
representative of persons of low- and
moderate-income that request such assistance
in accordance with Part (b)(1)(B) of this Rule;
(4) provides for public hearings to obtain citizen
views and to respond to proposals and
questions at all stages of the community
development program in accordance with
Paragraphs (b), (f), and (g) of this Rule;
(5) provides a procedure for developing written
responses to written complaints and grievances
within ten calendar days of receipt of the
complaint. The procedure shall include all
provisions of Paragraph (d) of this Rule; and
(6) identifies how the needs of non-English
speaking residents will be met in the case of
public hearings where a significant number of
non-English speaking residents can be
reasonably expected to participate.
(d) The recipient shall develop and adopt a written complaint
procedure to respond to citizen complaints involving the CDBG
program. The complaint procedure shall be applicable through
the life of the grant and available to the general public. It shall
specify that the recipient will respond in writing to written
citizen complaints within 10 calendar days of receipt of the
complaint. The procedure shall include a phone number for
further information or clarification on the complaint procedure
and shall identify any local procedures or appeals process that
would normally be used by the recipient to address citizen
complaints. The complaint procedure shall also state that if a
citizen lodging a complaint is dissatisfied with the local
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response, then that person may direct the complaint to the North
Carolina Division of Community Assistance.
(e) Citizen participation during program implementation.
Citizens shall have the opportunity to comment on the
implementation of a Community Development Program
throughout the term of the program. Recipients shall solicit and
respond to the views and proposals of citizens in the same
manner as in Part (b)(1)(A) of this Rule.
(f) Citizen participation in the program amendment process.
(1) Recipient procedures.
(A) Recipients proposing amendments
which require prior Division approval
in accordance with Rule .0910 of this
Subchapter shall to conduct one
public hearing prior to submission of
the amendment to the Division in the
same manner as in Part (b)(1)(C) of
this Rule.
(B) Each recipient shall respond to citizen
objections and comments in the same
manner as in Part (b)(1)(A) of this
Rule.
(2) Submitting Objections to the Division.
(A) Persons wishing to object to the
approval of an amendment by the
Division shall make such objection in
writing. The Division shall consider
objections made only on the
following grounds:
(i) The recipient's description of
needs and objectives is
plainly inconsistent with
available facts and data,
(ii) The activities to be
undertaken are plainly
inappropriate to meeting the
needs and objectives
identified by the recipient,
and
(iii) The amendment does not
comply with the
requirements of this Section
or other applicable laws and
regulations.
(B) All objections shall include an
identification of the requirements not
met. In the case of objections made
on the grounds that the description of
needs and objectives is plainly
inconsistent with available facts and
data, the objection shall include the
facts and data upon which the
objection is based.
(g) Citizen participation in the program closeout process.
(1) Recipients shall conduct one public hearing to
assess program performance during the grant
closeout process and prior to the actual
closeout of the grant in the same manner as in
Part (b)(1)(C) of this Rule.
(2) Recipients shall continue to solicit and respond
to citizen comment in the same manner as in
Part (b)(1)(A) of this Rule until such time as
the grant program is closed.
(h) Persons may submit written comments to the Division at any
time concerning the applicant's or recipient's failure to comply
with the requirements contained in this Subchapter.
(i) All records of public hearings, citizens' comments, responses
to comments and other relevant documents and papers shall be
kept in accordance with Rule .0911 of this Subchapter. All
program records shall be accessible to citizens in accordance
with Rule .0911(b) of this Subchapter.
History Note: Authority G.S. 143B-10; 143B-431;
42 U.S.C.A. 5304(a)(2); 24 C.F.R. 570.486;
Eff. July 1, 1982;
Amended Eff. August 1, 1998; June 1, 1993;
September 1, 1990; May 1, 1988; March 1, 1984;
Temporary Amendment Eff. January 1, 2001;
Amended Eff. August 1, 2002.
04 NCAC 19L .1701 DESCRIPTION
Grants under the Scattered Site Housing Category direct
activities toward one hundred percent low- and moderate-income
persons. Scattered Site Housing projects are limited to housing
rehabilitation, acquisition, disposition, clearance, and relocation
activities. Scattered Site Housing activities may be carried out
in any location throughout the recipient's jurisdiction. Scattered
Site Housing funds shall be distributed to eligible units of local
governments in a three year rotating basis and periodically based
on distribution plans and prior performance.
History Note: Authority G.S. 143B-10; 143B-431;
24 C.F.R. 570.483;
Eff. March 1, 1995;
Amended Eff. August 1, 1998;
Temporary Amendment Eff. January 1, 2001;
Amended Eff. August 1, 2002.
04 NCAC 19L .1703 SELECTION CRITERIA
Criteria for Scattered Site Housing awards are:
(1) community need;
(2) community impact;
(3) project design;
(4) financial feasibility;
(5) year of eligibility;
(6) distribution plan; and
(7) participation process.
History Note: Authority G.S. 143B-10; 143B-431;
24 C.F.R. 570.489;
Eff. March 1, 1995;
Amended Eff. August 1, 1998;
Temporary Amendment Eff. January 1, 2001;
Amended Eff. August 1, 2002.
04 NCAC 19L .2003 SELECTION CRITERIA
Criteria for Infrastructure awards are:
(1) severity of needs;
(2) benefit to low and moderate income persons;
(3) local commitment;
(4) treatment of needs; and
(5) appropriateness and feasibility.
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History Note: Authority G.S. 143B-10; 143B-431;
24 C.F.R. 570.489;
Temporary Adoption Eff. January 1, 2001;
Eff. August 1, 2002.
TITLE 10 – DEPARTMENT OF HEALTH AND
HUMAN SERVICES
10 NCAC 42B .2701 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) "Accident" means an unexpected, unnatural or
irregular event contributing to a resident's
death and includes, but is not limited to,
medication errors, falls, fractures, choking,
elopement, exposure, poisoning, drowning,
fire, burns or thermal injury, electrocution,
misuse of equipment, motor vehicle accidents,
and natural disasters.
(2) "Immediately" means at once, at or near the
present time, without delay.
(3) "Violence" means physical force exerted for
the purpose of violating, damaging, abusing or
injuring. or abusing another person.
History Note: Authority G.S. 131D-2; 131D-34.1;
Temporary Adoption Eff. May 1, 2001;
Eff. July 18, 2002.
10 NCAC 42B .2703 REPORTING REQUIREMENTS
(a) Upon learning of a resident death as described in Paragraphs
(b) and (c) of this Rule, a facility shall file a report in accordance
with this Rule. A facility shall be deemed to have learned of a
resident death when any facility staff obtains information that
the death occurred.
(b) A written notice containing the information listed under
Paragraph (d) of this Rule shall be made immediately for the
following:
(1) a resident death occurring in an adult care
home within seven days of the use of a
physical restraint or physical hold on the
resident; or
(2) a resident death occurring within 24 hours of
the resident’s transfer from the adult care
home to a hospital, if the death occurred
within seven days of physical restraint or
physical hold of the resident.
(c) A written notice containing the information under Paragraph
(d) of this Rule shall be made within three days of any death
resulting from violence, accident, suicide or homicide.
(d) Written notice may be submitted in person or by
telefacsimile or electronic mail. If the reporting facility does not
have the capacity or capability to submit a written notice
immediately, the information contained in the notice may be
reported by telephone following the same time requirements
under Subparagraphs (b) and (c) of this Rule until such time the
written notice may be submitted. The notice shall include at
least the following information:
(1) Reporting facility: Name, address, county,
license number (if applicable),
Medicare/Medicaid provider number (if
applicable), facility administrator and
telephone number, name and title of person
preparing report, first person to learn of death
and first staff to receive report of death, and
date and time report prepared;
(2) Resident information: Name, Medicaid
number (if applicable), date of birth, age, sex,
race, primary admitting diagnoses, and date of
most recent admission to an acute care
hospital;
(3) Circumstances of death: place and address
where resident died, date and time death was
discovered, physical location decedent was
found, cause of death (if known), whether or
not decedent was restrained at the time of
death or within 7 days of death and if so, a
description of the type of restraint and its
usage, and a description of events surrounding
the death; and
(4) Other information: list of other authorities
such as law enforcement or the County
Department of Social Services that have been
notified, have investigated or are in the process
of investigating the death or events related to
the death.
(e) The facility shall submit a written report, using a form
pursuant to G.S. 131D-34.1(e). The facility shall provide, fully
and accurately, all information sought on the form. If the facility
is unable to obtain any information sought on the form, or if any
such information is not yet available, the facility shall so explain
on the form.
(f) In addition, the facility shall:
(1) Notify the Division of Facility Services
immediately whenever it has reason to believe
that information provided may be erroneous,
misleading, or otherwise unreliable;
(2) Submit to the Division of Facility Services,
immediately after it becomes available, any
information required by this rule that was
previously unavailable; and
(3) Provide, upon request by the Division of
Facility Services, other information the facility
obtains regarding the death, including, but not
limited to, death certificates, autopsy reports,
and reports by other authorities.
(g) With regard to any resident death under circumstances
described in G.S. 130A-383, a facility shall notify the
appropriate law enforcement authorities so the medical examiner
of the county in which the body is found may be notified.
Documentation of such notification shall be maintained by the
facility and be made available for review by the Division upon
request.
(h) In deaths not under the jurisdiction of the medical examiner,
the facility shall notify the decedent's next -of-kin, or other
individual authorized according to G.S. 130A-398, that an
autopsy may be requested as designated in G.S. 130A-389.
History Note: Authority G.S. 131D-2; 131D-34.1;
Temporary Adoption Eff. May 1, 2001;
Eff. July 18, 2002.
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10 NCAC 42C .4002 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) "Accident" means an unexpected, unnatural or
irregular event contributing to a resident's
death and includes, but is not limited to,
medication errors, falls, fractures, choking,
elopement, exposure, poisoning, drowning,
fire, burns, or thermal injury, electrocution,
misuse of equipment, motor vehicle accidents,
and natural disasters.
(2) "Immediately" means at once, at or near the
present time, without delay.
(3) "Violence" means physical force exerted for
the purpose of violating, damaging, abusing or
injuring. or abusing another person .
History Note: Authority G.S. 131D-2; 131D-34.1;
Temporary Adoption Eff. May 1, 2001;
Eff. July 18, 2002.
10 NCAC 42C .4004 REPORTING REQUIREMENTS
(a) Upon learning of a resident death as described in Paragraphs
(b) and (c) of this Rule, a facility shall file a report in accordance
with this Rule. A facility shall be deemed to have learned of a
resident death when any facility staff obtains information that
the death occurred.
(b) A written notice containing the information listed under
Paragraph (d) of this Rule shall be made immediately for the
following:
(1) a resident death occurring in an adult care
home within seven days of the the use of a
physical restraint or physical hold on the
resident; or
(2) a resident death occurring within 24 hours of
the resident's transfer from the adult care home
to a hospital, if the death occurred within
seven days of physical restraint or physical
hold of the resident.
(c) A written notice containing the information under Paragraph
(d) of this Rule shall be made within three days of any death
resulting from violence, accident, suicide or homicide.
(d) Written notice may be submitted in person or by
telefacsimile or electronic mail. If the reporting facility does not
have the capacity or capability to submit a written notice
immediately, the information contained in the notice may be
reported by telephone following the same time requirements
under Subparagraphs (b) and (c) of this Rule until such time the
written notice may be submitted. The notice shall include at
least the following information:
(1) Reporting facility: Name, address, county,
license number (if applicable),
Medicare/Medicaid provider number (if
applicable), facility administrator and
telephone number, name and title of person
preparing report, first person to learn of death
and first staff to receive report of death, and
date and time report prepared;
(2) Resident information: Name, Medicaid
number (if applicable), date of birth, age, sex,
race, primary admitting diagnoses, and date of
most recent admission to an acute care
hospital;
(3) Circumstances of death: place and address
where resident died, date and time death was
discovered, physical location decedent was
found, cause of death (if known), whether or
not decedent was restrained at the time of
death or within 7 days of death and if so, a
description of the type of restraint and its
usage, and a description of events surrounding
the death; and
(4) Other information: list of other authorities
such as law enforcement or the County
Department of Social Services that have been
notified, have investigated or are in the process
of investigating the death or events related to
the death.
(e) The facility shall submit a written report, using a form
pursuant to G.S. 131D-34.1(e). The facility shall provide, fully
and accurately, all information sought on the form. If the facility
is unable to obtain any information sought on the form, or if any
such information is not yet available, the facility shall so explain
on the form.
(f) In addition, the facility shall:
(1) Notify the Division of Facility Services
immediately whenever it has reason to believe
that information provided may be erroneous,
misleading, or otherwise unreliable;
(2) Submit to the Division of Facility Services,
immediately after it becomes available, any
information required by this rule that was
previously unavailable; and
(3) Provide, upon request by the Division of
Facility Services, other information the facility
obtains regarding the death, including, but not
limited to, death certificates, autopsy reports,
and reports by other authorities.
(g) With regard to any resident death under circumstances
described in G.S. 130A-383, a facility shall notify the
appropriate law enforcement authorities so the medical examiner
of the county in which the body is found may be notified.
Documentation of such notification shall be maintained by the
facility and be made available for review by the Division upon
request.
(h) In deaths not under the jurisdiction of the medical examiner,
the facility shall notify the decedent's next -of-kin, or other
individual authorized according to G.S. 130A-398, that an
autopsy may be requested as designated in G.S. 130A-389.
History Note: Authority G.S. 131D-2; 131D-34.1;
Temporary Adoption Eff. May 1, 2001;
Eff. July 18, 2002.
10 NCAC 42D .2302 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) "Accident" means an unexpected, unnatural or
irregular event contributing to a resident's
death and includes, but is not limited to,
medication errors, falls, fractures, choking,
elopement, exposure, poisoning, drowning,
fire, burns or thermal injury, electrocution,
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misuse of equipment, motor vehicle accidents,
and natural disasters.
(2) "Immediately" means at once, at or near the
present time, without delay.
(3) "Violence" means physical force exerted for
the purpose of violating, damaging, abusing or
injuring. or abusing another person.
History Note: Authority G.S. 131D-2; 131D-34.1;
Temporary Adoption Eff. May 1, 2001;
Eff. July 18, 2002.
10 NCAC 42D .2304 REPORTING REQUIREMENTS
(a) Upon learning of a resident death as described in Paragraphs
(b) and (c) of this Rule, a facility shall file a report in accordance
with this Rule. A facility shall be deemed to have learned of a
resident death when any facility staff obtains information that
the death occurred.
(b) A written notice containing the information listed under
Paragraph (d) of this Rule shall be made immediately for the
following:
(1) a resident death occurring in an adult care
home within seven days of the use of a
physical restraint or physical hold on the
resident; or
(2) a resident death occurring within 24 hours of
the resident’s transfer from the adult care
home to a hospital, if the death occurred
within seven days of physical restraint or
physical hold of the resident.
(c) A written notice containing the information under Paragraph
(d) of this Rule shall be made within three days of any death
resulting from violence, accident, suicide or homicide.
(d) Written notice may be submitted in person or by
telefacsimile or electronic mail. If the reporting facility does not
have the capacity or capability to submit a written notice
immediately, the information contained in the notice may be
reported by telephone following the same time requirements
under Subparagraphs (b) and (c) of this Rule until such time the
written notice may be submitted. The notice shall include at
least the following information:
(1) Reporting facility: Name, address, county,
license number (if applicable),
Medicare/Medicaid provider number (if
applicable), facility administrator and
telephone number, name and title of person
preparing report, first person to learn of death
and first staff to receive report of death, and
date and time report prepared;
(2) Resident information: Name, Medicaid
number (if applicable), date of birth, age, sex,
race, primary admitting diagnoses, and date of
most recent admission to an acute care
hospital.
(3) Circumstances of death: place and address
where resident died, date and time death was
discovered, physical location decedent was
found, cause of death (if known), whether or
not decedent was restrained at the time of
death or within 7 days of death and if so, a
description of the type of restraint and its
usage, and a description of events surrounding
the death; and
(4) Other information: list of other authorities
such as law enforcement or the County
Department of Social Services that have been
notified, have investigated or are in the process
of investigating the death or events related to
the death.
(e) The facility shall submit a written report, using a form
pursuant to G.S. 131D-34.1(e). The facility shall provide, fully
and accurately, all information sought on the form. If the facility
is unable to obtain any information sought on the form, or if any
such information is not yet available, the facility shall so explain
on the form.
(f) In addition, the facility shall:
(1) Notify the Division of Facility Services
immediately whenever it has reason to believe
that information provided may be erroneous,
misleading, or otherwise unreliable;
(2) Submit to the Division of Facility Services,
immediately after it becomes available, any
information required by this rule that was
previously unavailable; and
(3) Provide, upon request by the Division of
Facility Services, other information the facility
obtains regarding the death, including, but not
limited to, death certificates, autopsy reports,
and reports by other authorities.
(g) With regard to any resident death under circumstances
described in G.S. 130A-383, a facility shall notify the
appropriate law enforcement authorities so the medical examiner
of the county in which the body is found may be notified.
Documentation of such notification shall be maintained by the
facility and be made available for review by the Division upon
request.
(h) In deaths not under the jurisdiction of the medical examiner,
the facility shall notify the decedent's next -of-kin, or other
individual authorized according to G.S. 130A-398, that an
autopsy may be requested as designated in G.S. 130A-389.
History Note: Authority G.S. 131D-2; 131D-34.1;
Temporary Adoption Eff. May 1, 2001;
Eff. July 18, 2002.
TITLE 12 – DEPARTMENT OF JUSTICE
12 NCAC 09B .0102 BACKGROUND INVESTIGATION
(a) Any agency contemplating the employment of an applicant
as a criminal justice officer shall, prior to employment, complete
a background investigation on such applicant. The investigation
shall examine the applicant's character traits and habits relevant
to performance as a criminal justice officer and shall determine
whether the applicant is of good moral character pursuant to 12
NCAC 09B .0101(3).
(b) Prior to the investigation, the applicant shall complete the
Commission's Personal History Statement Form to provide a
basis for the investigation.
(c) The agency shall utilize an investigator with prior
experience or training in conducting background investigations.
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The investigator shall document the results of the investigation
and shall include in the report of investigation:
(1) biographical data;
(2) family data;
(3) scholastic data;
(4) employment data;
(5) criminal history data;
(6) interviews with the applicant's references; and
(7) a summary of the investigator's findings and
conclusions regarding the applicant's moral
character.
(d) For criminal justice officers employed by the North Carolina
Department of Correction, the agency may use the method of
documenting the results of the background investigation it
deems most appropriate to its needs in accordance with the
Commission form. However, the Commission's Mandated
Background Investigation Form must be used to collect
minimum information to be recorded by the investigator for all
other criminal justice officer applicants that are regulated by the
Commission.
(e) Upon written request by the Director of the Standards
Division, the employing agency shall provide the Commission
with a copy of any background investigation retained by the
agency.
History Note: Authority G.S. 17C-6;
Eff. January 1, 1981;
Amended Eff. August 1, 2002; August 1, 1998; July 1, 1989.
12 NCAC 09B .0203 ADMISSION OF TRAINEES
(a) The school may not admit any individual younger than 20
years of age as a trainee in any non-academic basic criminal
justice training course. Individuals under 20 years of age may
be granted authorization for early enrollment with prior written
approval from the Director of the Standards Division. The
Director shall approve early enrollment as long as the individual
turns 20 years of age prior to the date of the State
Comprehensive Examination for the course.
(b) The school shall give priority admission in accredited
criminal justice training courses to individuals holding full-time
employment with criminal justice agencies.
(c) The school may not admit any individual as a trainee in a
presentation of the "Criminal Justice Instructor Training Course"
who does not meet the minimum education and experience
requirements for instructor certification under Rule .0302(1) of
this Subchapter within three months of successful completion of
the Instructor Training State Comprehensive Examination.
(d) The school shall administer the reading component of a
standardized test which reports a grade level for each trainee
participating in the Basic Law Enforcement Training Course.
The specific type of test instrument shall be determined by the
School Director and shall be administered no later than by the
end of the first two weeks of a presentation of the Basic Law
Enforcement Training Course.
(e) The school shall not admit any individual as a trainee in a
presentation of the Basic Law Enforcement Training Course
unless as a prerequisite the individual has provided to the School
Director a medical examination report, properly completed by a
physician licensed to practice medicine in North Carolina, to
determine the individual's fitness to perform the essential job
functions of a criminal justice officer. The Director of the
Standards Division may grant an exception to this for a period of
time not to exceed the commencement of the physical fitness
topical area when failure to timely receive the medical
examination report is not due to neglect on the part of the
trainee.
History Note: Authority G.S. 17C-6; 17C-10;
Eff. January 1, 1981;
Amended Eff. August 1, 2002; August 1, 2000; January 1, 1995;
March 1, 1992; July 1, 1989; January 1, 1985.
12 NCAC 09B .0205 BASIC LAW ENFORCEMENT
TRAINING
(a) The basic training course for law enforcement officers
consists of instruction designed to provide the trainee with the
skills and knowledge to perform those tasks essential to function
in law enforcement.
(b) The course entitled "Basic Law Enforcement Training" shall
consist of a minimum of 602 hours of instruction and shall
include the following identified topical areas and minimum
instructional hours for each:
(1) LEGAL UNIT
(A) Motor Vehicle Laws 20 Hours
(B) Preparing for Court and Testifying in
Court 12 Hours
(C) Elements of Criminal Law
24 Hours
(D) Juvenile Laws and Procedures
8 Hours
(E) Arrest, Search and
Seizure/Constitutional Law
28 Hours
(F) ABC Laws and Procedures
4 Hours
UNIT TOTAL 96 Hours
(2) PATROL DUTIES UNIT
(A) Techniques of Traffic Law
Enforcement 24 Hours
(B) Explosives and Hazardous Materials
Emergencies 12 Hours
(C) Traffic Crash Investigation
20 Hours
(D) In-Custody Transportation
8 Hours
(E) Crowd Management
12 Hours
(F) Patrol Techniques
20 Hours
(G) Law Enforcement Communication
and Information Systems 8 Hours
UNIT TOTAL 104 Hours
(3) LAW ENFORCEMENT
COMMUNICATION UNIT
(A) Dealing with Victims and the Public
10 Hours
(B) Domestic Violence Response
12 Hours
(C) Ethics for Professional Law
Enforcement 4 Hours
(D) Individuals with Mental Illness and
Mental Retardation 8 Hours
APPROVED RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1891
(E) Crime Prevention Techniques
6 Hours
(F) Communication Skills for Law
Enforcement Officers 8 Hours
UNIT TOTAL 48 Hours
(4) INVESTIGATION UNIT
(A) Fingerprinting and Photographing
Arrestee 6 Hours
(B) Field Note-taking and Report Writing
12 Hours
(C) Criminal Investigation
32 Hours
(D) Interviews: Field and In-Custody
16 Hours
(E) Controlled Substances
10 Hours
UNIT TOTAL 76 Hours
(5) PRACTICAL APPLICATION UNIT
(A) First Responder 40 Hours
(B) Firearms 48 Hours
(C) Law Enforcement Driver Training
40 Hours
(D) Physical Fitness 8 Hours
(i) Fitness Assessment and
Testing 12 Hours
(ii) 1 hour - 3 days a week
34 Hours
(E) Subject Control Arrest Techniques
40 Hours
UNIT TOTAL 222 Hours
(6) SHERIFF-SPECIFIC UNIT
(A) Civil Process 24 Hours
(B) Sheriffs' Responsibilities: Detention
Duties 4 Hours
(C) Sheriffs' Responsibilities: Court
Duties 6 Hours
UNIT TOTAL 34 Hours
(7) COURSE ORIENTATION
2 Hours
(8) TESTING 20 Hours
TOTAL COURSE HOURS 602 Hours
(c) The "Basic Law Enforcement Training Manual" as
published by the North Carolina Justice Academy shall be used
as the basic curriculum for this basic training course for law
enforcement officers as administered by the Commission.
Copies of this publication may be inspected at the office of the
agency:
Criminal Justice Standards Division
North Carolina Department of Justice
114 West Edenton Street
Old Education Building
Post Office Drawer 149
Raleigh, North Carolina 27602
and may be obtained from the Academy at the following
address:
North Carolina Justice Academy
Post Office Drawer 99
Salemburg, North Carolina 28385
(d) The "Basic Law Enforcement Training Course Management
Guide" as published by the North Carolina Justice Academy
shall be used by School Directors in planning, implementing and
delivering basic training courses. Each School Director shall be
issued a copy of the guide at the time of certification at no cost
to the accredited school. The public may obtain copies of this
guide from the Justice Academy.
History Note: Authority G.S. 17C-6; 17C-10;
Eff. January 1, 1981;
Temporary Amendment Eff. December 14, 1983 for a period of
120 days to expire on April 12, 1984;
Amended Eff. August 1, 2002; August 1, 2000; November 1,
1998; July 1, 1997; January 1, 1995; February 1, 1991;
July 1, 1989.
12 NCAC 09B .0215 SUPPLEMENTAL SMI
TRAINING
(a) The supplemental speed measuring instrument (SMI)
training course for law enforcement officers shall be designed to
provide the trainee with the skills and knowledge to proficiently
perform those tasks essential to function as an instructor or
operator using the additional speed measuring instrument(s).
(b) Each applicant for supplemental speed measuring instrument
training shall:
(1) possess a valid radar or time -distance speed
measuring instrument instructor or operator
certification as a result of successful
completion of 12 NCAC 9B .0210, .0211,
.0212, .0213 or .0214.
(2) present the endorsement of a
Commission-recognized school director or
agency executive officer or his designee.
(c) The supplemental SMI training course required for
certification, on the additional instrument(s), shall include but
not be limited to the topic areas and minimum number of hours
as outlined in The Supplemental SMI Training Course. To
qualify for certification, on the additional instrument(s), an
applicant shall demonstrate 100 percent proficiency in the
performance of the additional speed measuring instrument(s).
(d) Certification as instructor or operator of the additional speed
measuring instruments shall expire on midnight of the date of
expiration of the instructor or operator certification referred to in
12 NCAC 9B .0215(b) and .0310(a).
(e) The "Supplemental SMI Training Course" as published by
the North Carolina Justice Academy is to be applied as basic
curriculum for the supplemental SMI training course for SMI
instructors or operators as administered by the Commission.
Copies of this publication may be inspected at the office of the
agency:
Criminal Justice Standards Division
North Carolina Department of Justice
114 West Edenton Street
Post Office Drawer 149
Raleigh, North Carolina 27602
and may be obtained at cost from the Academy at the following
address:
APPROVED RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1892
North Carolina Justice Academy
Post Office Box 99
Salemburg, North Carolina 28385
(f) Commission-accredited schools that are accredited to offer
the "Supplemental SMI Training Course" for Instructors are:
The North Carolina Justice Academy.
History Note: Authority G.S. 17C-6;
Eff. November 1, 1981;
Readopted Eff. July 1, 1982;
Amended Eff. August 1, 2002; April 1, 1999.
12 NCAC 09B .0233 SPECIALIZED PHYSICAL
FITNESS INSTRUCTOR TRAINING
(a) The instructor training course required for specialized
physical fitness instructor certification shall consist of a
minimum of 60 hours of instruction presented during a
continuous period of not more than one week.
(b) Each specialized physical fitness instructor training course
shall be designed to provide the trainee with the skills and
knowledge to perform the function of a criminal justice physical
fitness instructor in a Basic Law Enforcement Training Course.
(c) Each applicant for specialized physical fitness training shall:
(1) qualify through one of the following three
options:
(A) have completed the criminal justice
general instructor training course; or
(B) hold a current and valid North
Carolina Teacher's Certificate and
hold a minimum of a baccalaureate
degree in physical education and be
actively teaching in physical
education topics; or
(C) be presently instructing physical
education topics in a community
college, college or university and
hold a minimum of a baccalaureate
degree in physical education; and
(2) present a written endorsement by a school
director indicating the student will be utilized
to instruct physical fitness in Basic Law
Enforcement Training Courses; and
(3) present a letter from a physician stating fitness
to participate in the course; and
(4) possess a valid CPR Certification that included
cognitive and skills testing.
(d) Each specialized physical fitness instructor training course
shall include as a minimum the following identified topic areas
and minimum instructional hours for each area:
(1) Orientation 5 Hours
(2) Lesson Plan Review 8 Hours
(3) Physical Fitness Assessments, Exercise Programs
and Instructional Methods 31 Hours
(4) I

NORTH CAROLINA
REGISTER
Volume 16, Issue 17
Pages 1865 - 1980
March 1, 2002
This issue contains documents officially filed
through February 8, 2002.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
6714 Mail Service Center
Raleigh, NC 27699-6714
(919) 733-2678
FAX (919) 733-3462
Julian Mann III, Director
Camille Winston, Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Linda Dupree, Editorial Assistant
Dana Sholes, Editorial Assistant
Rhonda Wright, Editorial Assistant
IN THIS ISSUE
I. EXECUTIVE ORDERS
Executive Orders No. 17 - 19 ...................................1865 - 1867
II. IN ADDITION
Voting Rights Letter.......................................................1868
III. RULE-MAKING PROCEEDINGS
Environment and Natural Resources
Coastal Resources Commission...............................1869
Marine Fisheries Commission..................................1869
Health and Human Services
Health and Human Services, Secretary of..............1869
IV. TEMPORARY RULES
Correction
Correction, Department of ........................................1870 - 1872
Cultural Resources
USS North Carolina Battleship Commission.........1872
Environment and Natural Resources
Coastal Resources Commission...............................1873 - 1879
Departmental Rules ....................................................1872 - 1873
V. APPROVED RULES ...................................................1880 - 1939
Commerce
Community Assistance, Division of
Environment and Natural Resources
Coastal Resources Commission
Environment and Natural Resources, Department of
Environmental Management Commission
Health Services, Commission for
Marine Fisheries Commission
Sedimentation Control Commission
Health and Human Services
Medical Care Commission
Social Services Commission
Justice
Criminal Justice Education and Training Standards Commission
Licensing Boards
Appraisal Board
Electrical Contractors, Board of
Pharmacy, Board of
Real Estate Commission
Speech Pathologists and Audiologists, Board of Examiners for
State Personnel
State Personnel Commission
Transportation
Highways, Division of
VI. RULES REVIEW COMMISSION..........................1940 - 1947
VII. CONTESTED CASE DECISIONS
Index to ALJ Decisions.................................................1948 - 1958
Text of Selected Decisions
00 OSP 0453................................................................1959 - 1965
01 OSP 0722................................................................1966 - 1980
VIII. CUMULATIVE INDEX .............................................1 - 101
North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC
27601. North Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to
the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699-6714.
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North
Carolina executive branch of government has been assigned a title number. Titles are further broken down into
chapters which shall be numerical in order. The other two, subchapters and sections are optional subdivisions to
be used by agencies when appropriate.
TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE
TITLE DEPARTMENT LICENSING BOARDS CHAPTER
1
2
3
4
5
6
7
8
9
10
11
12
13
14A
15A
16
17
18
19A
20
*21
22
23
24
25
26
27
28
Administration
Agriculture
Auditor
Commerce
Correction
Council of State
Cultural Resources
Elections
Governor
Health and Human Services
Insurance
Justice
Labor
Crime Control & Public Safety
Environment and Natural Resources
Public Education
Revenue
Secretary of State
Transportation
Treasurer
Occupational Licensing Boards
Administrative Procedures (Repealed)
Community Colleges
Independent Agencies
State Personnel
Administrative Hearings
NC State Bar
Juvenile Justice and Delinquency
Prevention
Acupuncture
Architecture
Athletic Trainer Examiners
Auctioneers
Barber Examiners
Certified Public Accountant Examiners
Chiropractic Examiners
Employee Assistance Professionals
General Contractors
Cosmetic Art Examiners
Dental Examiners
Dietetics/Nutrition
Electrical Contractors
Electrolysis
Foresters
Geologists
Hearing Aid Dealers and Fitters
Landscape Architects
Landscape Contractors
Massage & Bodywork Therapy
Marital and Family Therapy
Medical Examiners
Midwifery Joint Committee
Mortuary Science
Nursing
Nursing Home Administrators
Occupational Therapists
Opticians
Optometry
Osteopathic Examination & Reg. (Repealed)
Pastoral Counselors, Fee-Based Practicing
Pharmacy
Physical Therapy Examiners
Plumbing, Heating & Fire Sprinkler Contractors
Podiatry Examiners
Professional Counselors
Psychology Board
Professional Engineers & Land Surveyors
Real Estate Appraisal Board
Real Estate Commission
Refrigeration Examiners
Respiratory Care Board
Sanitarian Examiners
Social Work Certification
Soil Scientists
Speech & Language Pathologists & Audiologists
Substance Abuse Professionals
Therapeutic Recreation Certification
Veterinary Medical Board
1
2
3
4
6
8
10
11
12
14
16
17
18
19
20
21
22
26
28
30
31
32
33
34
36
37
38
40
42
44
45
46
48
50
52
53
54
56
57
58
60
61
62
63
69
64
68
65
66
Note: Title 21 contains the chapters of the various occupational licensing boards.
NORTH CAROLINA REGISTER
Publication Schedule for January 2002 – December 2002
Filing Deadlines
Notice of
Rule-Making
Proceedings
Notice of Text
Temporary
Rule
volume
& issue
number
issue date last day
for filing
earliest register
issue for
publication of
text
earliest
date for
public
hearing
end of
required
comment
period
deadline to
submit to RRC
for review at
next meeting
first legislative
day of the next
regular session
end of
required
comment
period
deadline to
submit to RRC
for review at
next meeting
first legislative
day of the next
regular session
270th day
from issue
date
16:13 01/02/02 12/06/01 03/15/02 01/17/02 02/01/02 02/20/02 05/28/02 03/04/02 03/20/02 05/28/02 09/29/02
16:14 01/15/02 12/19/01 04/01/02 01/30/02 02/14/02 02/20/02 05/28/02 03/18/02 03/20/02 05/28/02 10/12/02
16:15 02/01/02 01/10/02 04/15/02 02/16/02 03/04/02 03/20/02 05/28/02 04/02/02 04/22/02 01/29/03 10/29/02
16:16 02/15/02 01/25/02 05/01/02 03/02/02 03/18/02 03/20/02 05/28/02 04/16/02 04/22/02 01/29/03 11/12/02
16:17 03/01/02 02/08/02 05/01/02 03/16/02 04/01/02 04/22/02 01/29/03 04/30/02 05/20/02 01/29/03 11/26/02
16:18 03/15/02 02/22/02 05/15/02 03/30/02 04/15/02 04/22/02 01/29/03 05/14/02 05/20/02 01/29/03 12/10/02
16:19 04/01/02 03/08/02 06/03/02 04/16/02 05/01/02 05/20/02 01/29/03 05/31/02 06/20/02 01/29/03 12/27/02
16:20 04/15/02 03/22/02 06/17/02 04/30/02 05/15/02 05/20/02 01/29/03 06/14/02 06/20/02 01/29/03 01/10/03
16:21 05/01/02 04/10/02 07/01/02 05/16/02 05/31/02 06/20/02 01/29/03 07/01/02 07/22/02 01/29/03 01/26/03
16:22 05/15/02 04/24/02 07/15/02 05/30/02 06/14/02 06/20/02 01/29/03 07/15/02 07/22/02 01/29/03 02/09/03
16:23 06/03/02 05/10/02 08/15/02 06/18/02 07/03/02 07/22/02 01/29/03 08/02/02 08/20/02 01/29/03 02/28/03
16:24 06/17/02 05/24/02 09/03/02 07/02/02 07/17/02 07/22/02 01/29/03 08/16/02 08/20/02 01/29/03 03/14/03
17:01 07/01/02 06/10/02 09/03/02 07/16/02 07/31/02 08/20/02 01/29/03 08/30/02 09/20/02 01/29/03 03/28/03
17:02 07/15/02 06/21/02 09/16/02 07/30/02 08/14/02 08/20/02 01/29/03 09/13/02 09/20/02 01/29/03 04/11/03
17:03 08/01/02 07/11/02 10/01/02 08/16/02 09/03/02 09/20/02 01/29/03 09/30/02 10/21/02 01/29/03 04/28/03
17:04 08/15/02 07/25/02 10/15/02 08/30/02 09/16/02 09/20/02 01/29/03 10/14/02 10/21/02 01/29/03 05/12/03
17:05 09/03/02 08/12/02 11/15/02 09/18/02 10/03/02 10/21/02 01/29/03 11/04/02 11/20/02 01/29/03 05/31/03
17:06 09/16/02 08/30/02 11/15/02 10/01/02 10/16/02 10/21/02 01/29/03 11/15/02 11/20/02 01/29/03 06/13/03
17:07 10/01/02 09/10/02 12/02/02 10/16/02 10/31/02 11/20/02 01/29/03 12/02/02 12/20/02 05/00/04 06/28/03
17:08 10/15/02 09/24/02 12/16/02 10/30/02 11/14/02 11/20/02 01/29/03 12/16/02 12/20/02 05/00/04 07/12/03
17:09 11/01/02 10/11/02 01/02/03 11/16/02 12/02/02 12/20/02 05/00/04 12/31/02 01/21/03 05/00/04 07/29/03
17:10 11/15/02 10/25/02 01/15/03 11/30/02 12/16/02 12/20/02 05/00/04 01/14/03 01/21/03 05/00/04 08/12/03
17:11 12/02/02 11/06/02 02/03/03 12/17/02 01/02/03 01/21/03 05/00/04 01/31/03 02/20/03 05/00/04 08/29/03
17:12 12/16/02 11/21/02 02/17/03 12/31/02 01/15/03 01/21/03 05/00/04 02/14/03 02/20/03 05/00/04 09/12/03
non-substantial economic impact substantial economic impact
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is
computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be
published twice a month and contains the
following information submitted for
publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by
the Rules Review Commission;
(5) notices of receipt of a petition for
municipal incorporation, as required
by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S.
Attorney General concerning
changes in laws affecting voting in a
jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as
required by G.S. 120-30.9H;
(8) orders of the Tax Review Board
issued under G.S. 105-241.2; and
(9) other information the Codifier of
Rules determines to be helpful to the
public.
COMPUTING TIME: In computing time in
the schedule, the day of publication of the
North Carolina Register is not included.
The last day of the period so computed is
included, unless it is a Saturday, Sunday, or
State holiday, in which event the period
runs until the preceding day which is not a
Saturday, Sunday, or State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on
the first and fifteen of each month if the
first or fifteenth of the month is not a
Saturday, Sunday, or State holiday for
employees mandated by the State
Personnel Commission. If the first or
fifteenth of any month is a Saturday,
Sunday, or a holiday for State employees,
the North Carolina Register issue for that
day will be published on the day of that
month after the first or fifteenth that is not
a Saturday, Sunday, or holiday for State
employees.
LAST DAY FOR FILING: The last day for
filing for any issue is 15 days before the
issue date excluding Saturdays, Sundays,
and holidays for State employees.
NOTICE OF RULE-MAKING PROCEEDINGS
END OF COMMENT PERIOD TO A NOTICE OF
RULE-MAKING PROCEEDINGS: This date is 60
days from the issue date. An agency shall
accept comments on the notice of rule-making
proceeding until the text of the proposed rules
is published, and the text of the proposed rule
shall not be published until at least 60 days
after the notice of rule-making proceedings
was published.
EARLIEST REGISTER ISSUE FOR PUBLICATION
OF TEXT: The date of the next issue following
the end of the comment period.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING:
The hearing date shall be at least 15 days
after the date a notice of the hearing is
published.
END OF REQUIRED COMMENT PERIOD
(1) RULE WITH NON-SUBSTANTIAL
ECONOMIC IMPACT: An agency shall
accept comments on the text of a proposed
rule for at least 30 days after the text is
published or until the date of any public
hearings held on the proposed rule,
whichever is longer.
(2) RULE WITH SUBSTANTIAL
ECONOMIC IMPACT: An agency shall
accept comments on the text of a proposed
rule published in the Register and that has
a substantial economic impact requiring a
fiscal note under G.S. 150B-21.4(b1) for
at least 60 days after publication or until
the date of any public hearing held on the
rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES
REVIEW COMMISSION: The Commission
shall review a rule submitted to it on or
before the twentieth of a month by the last
day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT
REGULAR SESSION OF THE GENERAL
ASSEMBLY: This date is the first
legislative day of the next regular session
of the General Assembly following
approval of the rule by the Rules Review
Commission. See G.S. 150B-21.3,
Effective date of rules.
EXECUTIVE ORDERS
16:17 NORTH CAROLINA REGISTER March 1, 2002
1865
EXECUTIVE ORDER NO. 17
COMMISSION TO PROMOTE GOVERNMENT
EFFICIENCY AND SAVINGS ON STATE SPENDING
By the authority vested in me as Governor by the
Constitution and the laws of the State of North Carolina, IT IS
ORDERED:
Section 1. Establishment.
There is hereby established a Commission to Promote
Government Efficiency and Savings on State Spending
("Commission"). Commission members shall serve at the
pleasure of the Governor. The Governor shall also appoint the
Chair or Co-Chairs.
Section 2. Purpose.
State and local governments should operate at
maximum efficiency and, given current fiscal constraints, must
further prioritize and optimize their spending. The Commission
will review how governments can reduce spending while
maintaining or increasing the quality of service provision and the
structure of government to serve its citizens.
The Commission will review current laws, regulations,
and practices throughout state and local government in order to
recommend necessary changes that will increase efficiency.
In the course of its work, the Commission will take into
account research done by study and standing committees of the
General Assembly and non-governmental groups, including
recommendations by the Government Performance Audit
Commission (GPAC) and the Governor’s Efficiency and
Loophole-Closing Commission.
The Commission will examine with special attention
purchasing, technology, personnel practices and areas of service
duplication.
Section 3. Duties
The Commission will meet, and its members will
communicate, with regularity sufficient to allow it to submit
initial recommendations to the Governor prior to the 2002
session of the General Assembly, with final recommendations
prior to the 2003 legislative session. Recommendations that do
not require action by the General Assembly should be submitted
to the Governor as soon as possible.
Section 4. Administration
The Office of the Governor shall provide or secure staff
and administrative support services for the Commission.
Done in the Capital City of Raleigh, North Carolina,
this 1st day of February, 2002.
________________________________________
Michael F. Easley
Governor
ATTEST:
_________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDER NO. 18
COMMISSION TO MODERNIZE STATE FINANCES
By the authority vested in me as Governor by the
Constitution and the laws of the State of North Carolina, IT IS
ORDERED:
Section 1. Establishment
There is hereby established a Commission to
Modernize State Finances ("Commission"). Commission
members shall serve at the pleasure of the Governor. The
Governor shall also appoint the Chair or Co-Chairs.
Section 2. Purpose
The basic structure of the State's revenue and finance
laws was established over seven decades ago. In today's ever-changing
economy, it is critical that these laws be simple, even-handed,
consistent and fair to the broad spectrum of businesses
and individuals who must comply with them. The revenue
system must generate sufficient funds to support the necessary
functions of efficient and effective state and local government,
while maintaining the State’s economic competitiveness.
The Commission will review relevant laws, rules,
practices and principles of a high-quality tax system in order to
formulate recommendations to improve and modernize our state
revenue and finance laws.
In the course of its work, the Commission will take into
account research done by study and standing committees of the
General Assembly and non-governmental groups, including the
2001 Governor’s Efficiency and Loophole-Closing Commission.
Section 3. Duties
The Commission will meet, and its members will
communicate, with regularity sufficient to allow it to submit
initial recommendations to the Governor prior to the 2002
session of the General Assembly, with final recommendations
submitted to the 2003 session of the General Assembly.
Section 4. Administration
The Office of the Governor shall provide or secure staff
and administrative support services for the Commission.
Done in the Capital City of Raleigh, North Carolina,
this 1st day of February, 2002.
________________________________________
Michael F. Easley
Governor
ATTEST:
________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
16:17 NORTH CAROLINA REGISTER March 1, 2002
1866
EXECUTIVE ORDER NUMBER NO. 19
CLASSROOM PROTECTION AND ORDERLY
BUDGET ADMINISTRATION
GIVEN STATE OF FISCAL EMERGENCY
WHEREAS, Article III, Sec. 5(3) of the Constitution of
North Carolina provides that the State may not operate at a
deficit during the fiscal period covered by a budget. For these
purposes, a "deficit" is defined as having been incurred when
total expenditures for the fiscal period of the budget exceed the
total of receipts during the period, plus the surplus remaining in
the State Treasury at the beginning of the period. The fiscal
period for the current budget began July 1, 2001; and,
WHEREAS, to insure that the State does not incur a
deficit for the fiscal year covered by a budget, Article III, Sec.
5(3) of the Constitution requires the Governor to continually
survey the collection of revenue. If, as a result of his surveys, he
determines that actual receipts for the fiscal period, when added
to the surplus remaining in the Treasury at the beginning of the
fiscal period, will not be sufficient to pay budgeted expenditures,
the Governor, after first making adequate provisions for the
prompt payment of the principal and interest on the State's
outstanding bonds and notes, must effect the necessary
economies in State expenditures to keep the deficit from
occurring; and,
WHEREAS, continually surveying the collection of the
State's revenues pursuant to Article III, Sec. 5 (3) of the
Constitution is a normal function of the Office of State Budget
and Management (OSBM) and reports on its surveys are
received routinely by the Governor; and,
WHEREAS, OSBM has provided the Governor with
detailed briefings on the growing fiscal period deficit and, along
with the Office of the Governor, has also advised members of
the General Assembly of the situation, including the President
Pro-Tempore of the Senate and the Speaker of the House of
Representatives; and,
WHEREAS, on October 31, 2001, OSBM, at the
direction of the Governor, reduced state agency expenditures for
the remainder of the fiscal year; and,
WHEREAS, as detailed in a memorandum to the
Governor from OSBM dated February 4, 2002, OSBM
estimates, in light of January 2002 collections and new
economic forecasts, a growing substantial deficit for fiscal year
2001-02 that will not be covered by the reduction in expenditure
measures adopted on October 31, 2001; and,
WHEREAS, in light of OSBM estimates, the budget
enacted by the General Assembly for fiscal year 2001-02 cannot
be administered as enacted without the State incurring a deficit
in its administration; and,
WHEREAS, it is found as a fact that based on General
Fund revenue collections through January 31, 2002, and
projections for these revenues through June 30, 2002, actual
receipts for the current fiscal year will not meet the expenditures
anticipated and budgeted by the 2001 General Assembly; and,
WHEREAS, from this fact it is determined and
concluded that unless further economies in State expenditures
are made, the State's General Fund expenditures will exceed
General Fund receipts, for the current fiscal year.
NOW THEREFORE, by the authority vested in me as
Governor by Article III, Sec. 5(3) of the Constitution of North
Carolina to insure that a deficit is not incurred in the
administration of the budget for fiscal year 2002, IT IS
ORDERED:
Section 1. OSBM will continue to reduce, as necessary, State
expenditures from Funds appropriated to operate State
departments and institutions, and continue monthly allotment
expenditure and review measures.
Section 2. OSBM will halt, as necessary, expenditures for
capital improvement projects for which State funds have been
appropriated but not placed under State contract and, as
necessary, transfer any unused capital improvement funds to the
General Fund.
Section 3. OSBM will transfer, as necessary, non-General
Fund and non-Highway Fund receipts into the General Fund to
support appropriation expenditures in order to avoid a deficit in
the General Fund.
Section 4. OSBM may borrow, as necessary, receipts from
non-General Fund State receipts and non-Highway Fund State
receipts for support of General Fund appropriation expenditures.
Section 5. OSBM may transfer, as necessary, funds from the
Highway Trust Fund Account for support of General Fund
appropriation expenditures.
Section 6. OSBM may, as necessary, order the delay or
cancellation of purchase orders in State General Fund-supported
departments and institutions.
Section 7. OSBM may, as necessary, take other steps as
directed by the Governor to insure that a deficit is not incurred
for the fiscal period, including re-allocation of certain funds
shared with localities.
Section 8. The Office of the State Controller, as advised by
the State Budget Officer, is directed to monitor disbursements as
presented on requisitions for CASH.
Section 9. The Office of the State Controller, as advised by
the State Budget Officer, is directed to receive the local
government reimbursement funds and to escrow such funds in a
special reserve as established by OSBM. Return of all such
receipts shall be made to the local government reimbursement
funds, if possible, after determination that such funds are not
necessary to address the deficit.
This Executive Order rescinds Executive Order No. 3
and is effective immediately and shall remain in effect, as
written, until terminated or amended at the Governor's direction.
EXECUTIVE ORDERS
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Done in the Capital City of Raleigh, North Carolina,
this 5th day of February, 2002.
________________________________________
Michael F. Easley
Governor
ATTEST:
__________________________________________
Elaine F. Marshall
Secretary of State
IN ADDITION
16:17 NORTH CAROLINA REGISTER March 1, 2002
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This Section contains public notices that are required to be published in the Register or have been approved by the Codifier of
Rules for publication.
U.S. Department of Justice
Civil Rig hts Division
JDR:RPL:BGE:NJ Voting Section – GSt.
DJ 166-012-3 950 Pennsylvania Ave., N.W.
2001-2560 Washington, D.C. 20530
January 24, 2002
Kenneth R. Hoyle, Sr., Esq.
County Attorney
P.O. Box 1968
Sanford, NC 27331-1968
Dear Mr. Hoyle:
This refers to the 2001 redistricting plan for Lee County, North Carolina, submitted to the Attorney General pursuant to
Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your response to our October 23, 2001, request for additional
information on December 2, 2001.
The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change.
See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41).
Sincerely,
Joseph D. Rich
Acting Chief
Voting Section
RULE-MAKING PROCEEDINGS
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A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency must
publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule.
Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register under the
section heading of Temporary Rules. A Rule-making Agenda published by an agency serves as Rule-making Proceedings and can
be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G.S. 150B-21.2.
TITLE 10 – DEPARTMENT OF HEALTH AND HUMAN
SERVICES
CHAPTER 22 - AGING
Notice of Rule-making Proceedings is hereby given by the
Secretary of Health and Human Services in accordance with
G.S. 150B-21.2. The agency shall subsequently publish in the
Register the text of the rule(s) it proposes to adopt as a result of
this notice of rule-making proceedings and any comments
received on this notice.
Citation to Existing Rule Affected by this Rule-making: 10
NCAC 22G; 22J - Other rules may be proposed in the course of
the rule-making process.
Authority for the Rule-making: G.S. 143B-181.1(c)
Statement of the Subject Matter:
10 NCAC 22G – This Subchapter defines the services eligible
for funding under Title III of the Older Ame rcians Act.
10 NCAC 22J – This Subchapter governs the provision of In-home
Aide Services for Older Adults for the Division of Aging
(and by reference for the Division of Social Services).
Reason for Proposed Action: The NC Division of Aging is
reviewing and updating the rules pertinent to In-home Aide
Services to make them consistent with currents needs and
practices. (A concurrent review of rules is occurring in several
other DHHS Divisions.)
Comment Procedures: Anyone wishing to comment should
contact Lynne Berry, NC Division of Aging, 693 Palmer Dr.,
Taylor Building, 2101 Mail Service Center, Raleigh, NC 27699-
2101, phone (919) 733-8395.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
CHAPTER 03 – MARINE FISHERIES
Notice of Rule-making Proceedings is hereby given by NC
Marine Fisheries Commission in accordance with G.S. 150B-
21.2. The agency shall subsequently publish in the Register the
text of the rule(s) it proposes to adopt as a result of this notice of
rule-making proceedings and any comments received on this
notice.
Citation to Existing Rule Affected by this Rule-making: 15A
NCAC 03. Other rules may be proposed in the course of the
rule-making process.
Authority for the Rule-making: G.S. 113-134; 113-182; 113-
221; 143B-289.52
Statement of the Subject Matter: Flounder size limits, rock
shrimp restrictions, marine protected areas, snapper/grouper
restrictions, red porgy restrictions, stone crab restrictions,
oyster and clam fishery management plan.
Reason for Proposed Action: Amend size limits for summer
flounder, impose restrictions on rock shrimp, adopt rules on
marine protected areas, impose restrictions on snapper/grouper,
red porgy, and stone crabs, and adopt/amend rules to implement
the oyster and clam fishery management plan.
Comment Procedures: Written comments are encouraged and
may be submitted to MFC, Juanita Gaskill, PO Box 769,
Morehead City, NC 28557.
* * * * * * * * * * * * * * * * * * * *
CHAPTER 07 – COASTAL MANAGEMENT
Notice of Rule-making Proceedings is hereby given by Coastal
Resources Commission in accordance with G.S. 150B-21.2. The
agency shall subsequently publish in the Register the text of the
rule(s) it proposes to adopt as a result of this notice of rule-making
proceedings and any comments received on this notice.
Citation to Existing Rule Affected by this Rule-making: 15A
NCAC 07B .0702. Other rules may be proposed in the course of
the rule-making process.
Authority for the Rule-making: G.S. 113A-102, 113A-107(a);
113A-110; 113A-124(c)(8)
Statement of the Subject Matter: Substitute a definition for
"probable 404 Wetlands" instead of relying on this term from
federal law to convey to local governments what to show on a
planning map.
Reason for Proposed Action: The intent of the proposed
amendment is to provide an accurate definition of wetland areas
mapped by local governments.
Comment Procedures: Kathy Vinson, Planning and Public
Access Manager, Division of Coastal Management, 151-B, HWY
24, Hestron Plaza II, Morehead City, NC 28557. 252-808-2808.
TEMPORARY RULES
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This Section includes temporary rules reviewed by the Codifier of Rules and entered in the North Carolina Administrative Code and
includes, from time to time, a listing of temporary rules that have expired. See G.S. 150B-21.1 and 26 NCAC 02C .0500 for adoption
and filing requirements. Pursuant to G.S. 150B-21.1(e), publication of a temporary rule in the North Carolina Register serves as a
notice of rule-making proceedings unless this notice has been previously published by the agency.
TITLE 05 – DEPARTMENT OF CORRECTION
Rule-making Agency: Department of Correction
Rule Citation: 05 NCAC 06 .0101-.0102; .0201; .0301; .0401
Effective Date: March 6, 2002
Findings Reviewed and Approved by: Beecher R. Gray
Authority for the rulemaking: S.L. 2001-378
Reason for Proposed Action: S.L. 2001-378, ratified August 7,
2001, requires specified review by the Department of Correction
with respect to certain hiring and training standards applicable
to certain employees of a private correctional facility operating
in North Carolina. The specific criteria and procedures to
which such third party entities will be required to conform are
the subject matter of these temporary rules.
Comment Procedures: Comments should be submitted in
writing to Jane R. Garvey, Department of Correction, 4201 Mail
Service Center, Raleigh, NC 27699-4201.
CHAPTER 06 – PRIVATE CORRECTIONAL SERVICE
PROVIDERS
SECTION .0100 – GENERAL
05 NCAC 06 .0101 APPLICATION
The following standards apply to the hiring and training of
private correctional service providers.
History Note: Authority S.L. 2001-378;
Temporary Adoption Eff. March 6, 2002.
05 NCAC 06 .0102 PURPOSE
The purpose of these Rules is to establish the relevant and
essential hiring and training standards, methods to verify
compliance with the standards and the method of monitoring the
standards by the Department of Correction for officers and
security supervisors employed by private correctional service
providers operating within the State.
History Note: Authority S.L. 2001-378;
Temporary Adoption Eff. March 6, 2002.
SECTION .0200 – HIRING
05 NCAC 06 .0201 HIRING STANDARDS
Private correctional service providers are required to meet the
same relevant and essential minimum pre-employment standards
for their correctional officers and security supervisors as have
been established for officers and supervisors for the Department
of Correction.
(1) Future applicants for employment as private
correctional officers or security supervisors:
(a) Must be a high school graduate or
have GED certificate;
(b) Must be at least 20 years of age;
(c) Must be a U.S. Citizen;
(d) Must pass a physical examination to
determine fitness for duty;
(e) Must pass a urinalysis performed by
qualified physician using a lab that
protects the chain of custody;
(f) Must pass a local, state and national
criminal background check through
the National Crime Information
Center (NCIC) and cleared through
the FBI fingerprinting clearance
process;
(g) Must have a completed background
investigation that consists of
verification of age, education, and
employment;
(h) Must be personally interviewed by
the Department Head or designee;
(i) Must have no felony conviction for
10 years;
(j) Must have no conviction of a
misdemeanor as defined in 12 NCAC
09G .0102(10) for three years;
(k) Must have an evaluation and
suitability for employment certified
and documented by a state licensed
psychologist; and
(l) Must be truthful in providing all
required information as prescribed by
the application process.
(2) With respect to private correctional officers or
security supervisors already employed as of
the effective date of these Rules, the
Department of Correction shall verify that
correctional officers and security supervisors
working for private correctional service
providers have met the essential hiring
standards. To accomplish this the department
will:
(a) Require the private correctional
service providers to submit a
"Verification of Employment
Standards" checklist for each
correctional officer and security
supervisor to the department. In
addition to the applicant's name,
social security number, position title
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and effective date of employment, the
checklist will, at a minimum, verify
that all essential employment
standards as described in Item (1) of
this Rule have been completed. The
verification of employment form will
contain an authorizing signature line
and a space to record the date.
(b) Upon receipt of the Verification of
Employment Standards checklist by
the Department of Correction,
departmental staff will review the
checklist and respond in a
memorandum to the private
correctional service provider as to
whether the individual applicant
meets or does not meet the minimum
essential employment standards.
(c) To verify if a correctional officer or
security supervisor who pleads no
contest to, pleads guilty to or is found
guilty of a felony or misdemeanor
criminal offense is eligible for
employment or continued
employment, the private correctional
service provider will submit a
"Notification Form for Criminal
Convictions" to the Department of
Correction for review. This form will
include at a minimum the employee's
name, social security number, and
position title. The form will also
include the date of arrest, nature of
the offense (including the general
statute number), court of jurisdiction,
the specific plea, date of disposition
and a description of the disposition.
The form will be signed and dated by
an authorized private correctional
service provider representative and
forwarded to the Department of
Correction for review. The form will
contain space for Department of
Correction personnel to verify if the
employee meets or continues to meet
the essential employment standards.
(d) Upon receipt of the Notification Form
or Criminal Convictions by the
Department of Correction,
departmental staff will review the
form and note if in the Department's
opinion the employee meets or
continues to meet the minimum
essential employment standards. The
form will then be signed and dated by
an authorized NCDOC representative
and returned to the private
correctional service provider.
(e) Should a correctional officer or
security supervisor previously
designated as meeting the minimum
essential employment standards be
separated from employment the
private correctional service provider
will submit a "Report of Separation"
form to the Department of Correction
Personnel Office. This form will
contain at a minimum the separated
employee's name, social security
number, position title and date of
separation. The form will be signed
and dated by an authorized
representative of the private
correctional service provider.
History Note: Authority S.L. 2001-378;
Temporary Adoption Eff. March 6, 2002.
SECTION .0300 – TRAINING
05 NCAC 06 .0301 TRAINING STANDARDS
Correctional officers and security supervisors employed by a
private correctional service provider must successfully complete
a training curriculum that meets or exceeds the standards
required by the Criminal Justice Education and Training
Standards Commission. In order to accomplish this the private
correctional service provider will:
(1) Submit its training curriculum and all relevant
documents related to training to the North
Carolina Department of Correction;
(2) The North Carolina Department of Correction
will review the training curriculum and related
information and will certify in writing to the
private correctional service provider that it
meets or does not meet the standards of the
Criminal Justice Education and Training
Standards Commission. Should the
Department determine that the curriculum fails
to meet the standards, it will provide direction
related to the problem areas and allow the
private provider to resubmit only those
portions in question;
(3) The Department of Correction shall verify that
correctional officers and security supervisors
working for private correctional service
providers have met the essential training
standards. To accomplish this the department
will: Require the private correctional service
providers to submit a "Verification of Training
Standards" checklist for each correctional
officer and security supervisor to the
department. In addition to the applicant's
name, social security number, position title
and effective date of employment, the
checklist will, at a minimum, verify that all
essential training standards contained within
the approved curriculum have been completed.
The verification of training form will contain
an authorizing signature line and a space to
record the date;
(4) Upon receipt of the Verification of Training
Standards checklist by the Department of
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Correction, departmental staff will review the
checklist and respond in a memorandum to the
private correctional service provider as to
whether the individual applicant meets or does
not meet the training standards; and
(5) Once approved, future changes to the training
curriculum that could substantially affect its
approval will be submitted to the Department
of Correction for additional review.
History Note: Authority S.L. 2001-378;
Temporary Adoption Eff. March 6, 2002.
SECTION .0400 – COMPLIANCE
05 NCAC 06 .0401 REVIEW OF COMPLIANCE
The Department of Correction may monitor and audit private
correctional service provider's records related to the essential
hiring and training standards. To facilitate this function the
private correctional service provider is required to maintain
individual personnel files and training records for each
correctional officer and security supervisor. These files and
records will:
(1) Contain all necessary documentation required
to verify that an individual correctional officer
or security supervisor meets the minimum
relevant hiring standards;
(2) Contain all necessary documentation required
to verify that an individual correctional officer
or security supervisor has completed the
approved training standards; and
(3) Be accessible upon request to Department of
Correction personnel for review and audit.
Should the Department of Correction have
concerns or require additional information
related to the hiring and/or training standards
of any individual correctional officer or
security supervisor, they may request
additional information be provided.
History Note: Authority S.L. 2001-378;
Temporary Adoption Eff. March 6, 2002.
TITLE 07 – DEPARTMENT OF CULTURAL
RESOURCES
Rule-making Agency: USS North Carolina Battleship
Commission
Rule Citation: 07 NCAC 05 .0203
Effective Date: September 1, 2002
Findings Reviewed and Approved by: Beecher R. Gray
Authority for the rulemaking: G.S. 143B-73
Reason for Proposed Action: To increase the Admissions fee
schedule for the Battleship North Carolina.
Comment Procedures: Provide comments in writing to
Director, Battleship North Carolina, PO Box 480, Wilmington,
NC 28402-0480.
CHAPTER 05 - U.S.S. NORTH CAROLINA BATTLESHIP
COMMISSION
SECTION .0200 - USE REGULATIONS
07 NCAC 05 .0203 ADMISSION PRICES
(a) The admission price for the Battleship U.S.S. North Carolina
is eight dollars ($8.00) nine dollars ($9.00) for persons age 12
and over, four dollars ($4.00) four dollars and fifty cents ($4.50)
for children age 6 through 11, two dollars ($2.00) two dollars
and twenty-five cents ($2.25) per student for organized school
groups in grades kindergarten through 6, and four dollars ($4.00)
four dollars and fifty cents ($4.50) per student for organized
school groups in grades 7 through 12.
(b) There is no charge for children under 6.
(c) Classroom teachers, aides, and chaperones accompanying
students in class field trips will be admitted without charge at the
rate of one teacher/aide/chaperone for each 10 students.
History Note: Authority G.S. 143B-73;
Eff. February 1, 1976;
Readopted Eff. December 1, 1977;
Amended Eff. January 1, 1993; January 1, 1990; June 1, 1989;
February 1, 1987;
Temporary Amendment Eff. January 1, 1997;
Amended Eff. April 1, 1997;
Temporary Amendment Eff. January 1, 1997 Expired on
September 29, 1997;
Temporary Amendment Eff. March 1, 1998;
Amended Eff. July 1, 1998;
Temporary Amendment Eff. September 1, 2002.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
Rule-making Agency: NC Department of Environment and
Natural Resources
Rule Citation: 15A NCAC 01R .0101
Effective Date: March 1, 2002
Findings Reviewed and Approved by: Beecher R. Gray
Authority for the rulemaking: G.S. 143B-289.41(b); 143B-
289.44
Reason for Proposed Action: The North Carolina Aquariums
have the authority to establish uniform entrance fees for its
facilities, pursuant to G.S. 143-289.44. The Secretary of the
Department of Environment and Natural Resources has
determined that existing fee revenue and recent General
Assembly budgetary actions will not allow operations at the
Aquariums to be maintained at an adequate level of service
without the attached fee schedule being put in place as soon as
possible. The general appropriations to the Aquariums were
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1873
recently reduced by $500,000, and it was anticipated at that time
that the reduction would be covered by fee increases. Additional
budget constraints have been placed on the Aquariums since
then, as well as other parts of State government. Funding
through these fees is critical to allow the public a continued
level of reasonable service and availability.
Comment Procedures: Written comments may be submitted to
Mr. Rhett White, Director of NC Aquariums, 417 N. Blount St.,
Raleigh, NC. For further information, contact Mr. White at
(919) 733-2290.
CHAPTER 01 – DEPARTMENTAL RULES
SUBCHAPTER 01R – NORTH CAROLINA AQUARIUMS
SECTION .0100 – FEES
15A NCAC 01R .0101 FEE SCHEDULE
(a) The following schedule of fees shall be applicable to govern
admission to the North Carolina Aquariums:
(1) Roanoke Island:
(A) Adults, 18 and over $6.00;
(B) Senior Citizens $5.00;
(C) Active Military $5.00;
(D) Ages 6-17 $4.00.
(2) Fort Fisher:
(A) Adults, 18 and over $6.00;
(B) Senior Citizens $5.00;
(C) Active Military $5.00;
(D) Ages 6-17 $4.00.
(3) Pine Knoll Shores:
(A) Adults, 18 and over $4.00;
(B) Senior Citizens $3.00;
(C) Active Military $3.00;
(D) Ages 6-17 $2.00.
(b) Free admission is offered to the following groups:
(1) Aquarium Society Members;
(2) North Carolina School groups;
(3) American Zoo and Aquarium Association
reciprocals ; and
(4) Children under the age of six.
Free or modified admissions may also be offered on a case-by-case
basis on state holidays, and for group events at the North
Carolina Aquariums.
History Note: Authority G.S. 143B-289.41(b); 143B-289.44;
Temporary Adoption Eff. March 1, 2002.
* * * * * * * * * * * * * * * * * * * *
Rule-making Agency: Coastal Resources Commission
Rule Citation: 15A NCAC 07H .0209
Effective Date: February 15, 2002
Findings Reviewed and Approved by: Beecher R. Gray
Authority for the rulemaking: G.S. 113A-107(b); 113A-108;
113A-113(b); 113A-124
Reason for Proposed Action: The proposed temporary
amendment would establish additional criteria for exceptions to
the regulatory requirement, effective as of August 1, 2000, of a
30-foot development setback along public trust and estuarine
waters. The proposed amendment would allow the construction
of residences on previously platted undeveloped lots that are
located in intensively developed areas that would otherwise be
prohibited under rules adopted by the CRC pursuant to G.S.
113A, Article 7.
Comment Procedures: Written comments should be submitted
to Mike Lopazanski, 1638 Mail Service Center, Raleigh, NC
27699-1638, 919-733-2293.
CHAPTER 07 – COASTAL MANAGEMENT
SUBCHAPTER 07H - STATE GUIDELINES FOR AREAS
OF ENVIRONMENTAL CONCERN
SECTION .0200 - THE ESTUARINE AND OCEAN
SYSTEM
15A NCAC 07H .0209 COASTAL SHORELINES
(a) Description. The Coastal Shorelines category includes
estuarine shorelines and public trust shorelines. Estuarine
shorelines AEC are those non-ocean shorelines extending from
the normal high water level or normal water level along the
estuarine waters, estuaries, sounds, bays, fresh and brackish
waters, and public trust areas as set forth in an agreement
adopted by the Wildlife Resources Commission and the
Department of Environment and Natural Resources [described in
Rule .0206(a) of this Section] for a distance of 75 feet landward.
For those estuarine shorelines immediately contiguous to waters
classified as Outstanding Resource Waters by the Environmental
Management Commission, the estuarine shoreline AEC shall
extend to 575 feet landward from the normal high water level or
normal water level, unless the Coastal Resources Commission
establishes the boundary at a greater or lesser extent following
required public hearing(s) within the affected county or counties.
Public trust shorelines AEC are those non-ocean shorelines
immediately contiguous to public trust areas, as defined in Rule
07H .0207(a) of this Section, located inland of the dividing line
between coastal fishing waters and inland fishing waters as set
forth in that agreement and extending 30 feet landward of the
normal high water level or normal water level.
(b) Significance. Development within coastal shorelines
influences the quality of estuarine and ocean life and is subject
to the damaging processes of shore front erosion and flooding.
The coastal shorelines and wetlands contained within them serve
as barriers against flood damage and control erosion between the
estuary and the uplands. Coastal shorelines are the intersection
of the upland and aquatic elements of the estuarine and ocean
system, often integrating influences from both the land and the
sea in wetland areas. Some of these wetlands are among the
most productive natural environments of North Carolina and
they support the functions of and habitat for many valuable
commercial and sport fisheries of the coastal area. Many land-based
activities influence the quality and productivity of
estuarine waters. Some important features of the coastal
shoreline include wetlands, flood plains, bluff shorelines, mud
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and sand flats, forested shorelines and other important habitat
areas for fish and wildlife.
(c) Management Objective. The management objective is to
ensure that shoreline development is compatible with both the
dynamic nature of coastal shorelines as well as the values and
the management objectives of the estuarine and ocean system.
Other objectives are to conserve and manage the important
natural features of the estuarine and ocean system so as to
safeguard and perpetuate their biological, social, aesthetic, and
economic values; to coordinate and establish a management
system capable of conserving and utilizing these shorelines so as
to maximize their benefits to the estuarine and ocean system and
the people of North Carolina.
(d) Use Standards. Acceptable uses shall be those consistent
with the management objectives in Paragraph (c) of this Rule.
These uses shall be limited to those types of development
activities that will not be detrimental to the public trust rights
and the biological and physical functions of the estuarine and
ocean system. Every effort shall be made by the permit
applicant to avoid, mitigate or reduce adverse impacts of
development to estuarine and coastal systems through the
planning and design of the development project. In every
instance, the particular location, use, and design characteristics
shall comply with the general use and specific use standards for
coastal shorelines, and where applicable, the general use and
specific use standards for coastal wetlands, estuarine waters, and
public trust areas described in Rule .0208 of this Section.
(1) All development projects, proposals, and
designs shall preserve and not weaken or
eliminate natural barriers to erosion, including,
but not limited to, peat marshland, resis tant
clay shorelines, and cypress-gum protective
fringe areas adjacent to vulnerable shorelines.
(2) All development projects, proposals, and
designs shall limit the construction of
impervious surfaces and areas not allowing
natural drainage to only so much as is
necessary to adequately service the major
purpose or use for which the lot is to be
developed. Impervious surfaces shall not
exceed 30 percent of the AEC area of the lot,
unless the applicant can effectively
demonstrate, through innovative design, that
the protection provided by the design would be
equal to or exceed the protection by the 30
percent limitation. Redevelopment of areas
exceeding the 30 percent impervious surface
limitation may be permitted if impervious
areas are not increased and the applicant
designs the project to comply with the intent of
the rule to the maximum extent feasible.
(3) All development projects, proposals, and
designs shall comply with the following
mandatory standards of the North Carolina
Sedimentation Pollution Control Act of 1973:
(A) All development projects, proposals,
and designs shall provide for a buffer
zone along the margin of the
estuarine water which is sufficient to
confine visible siltation within 25
percent of the buffer zone nearest the
land disturbing development.
(B) No development project proposal or
design shall permit an angle for
graded slopes or fill which is greater
than an angle which can be retained
by vegetative cover or other
erosion-control devices or structures.
(C) All development projects, proposals,
and designs which involve
uncovering more than one acre of
land shall plant a ground cover
sufficient to restrain erosion within
30 working days of completion of the
grading; provided that this shall not
apply to clearing land for the purpose
of forming a reservoir later to be
inundated.
(4) Development shall not have a significant
adverse impact on estuarine and ocean
resources. Significant adverse impacts shall
include but not be limited to development that
would directly or indirectly imp air water
quality standards, increase shoreline erosion,
alter coastal wetlands or Submerged Aquatic
Vegetation (SAV), deposit spoils waterward of
normal water level or normal high water, or
cause degradation of shellfish beds.
(5) Development shall not interfere with existing
public rights of access to, or use of, navigable
waters or public resources.
(6) No public facility shall be permitted if such a
facility is likely to require public expenditures
for maintenance and continued use, unless it
can be shown that the public purpose served
by the facility outweighs the required public
expenditures for construction, maintenance,
and continued use. For the purpose of this
standard, "public facility" shall mean a project
that which is paid for in any part by public
funds.
(7) Development shall not cause irreversible
damage to valuable, historic architectural or
archaeological resources as documented by the
local historic commission or the North
Carolina Department of Cultural Resources.
(8) Established common-law and statutory public
rights of access to the public trust lands and
waters in estuarine areas shall not be
eliminated or restricted. Development shall
not encroach upon public accessways nor shall
it limit the intended use of the accessways.
(9) Within the AECs for shorelines contiguous to
waters classified as Outstanding Resource
Waters by the EMC, no CAMA permit shall
be approved for any project which would be
inconsistent with applicable use standards
adopted by the CRC, EMC or MFC for
estuarine waters, public trust areas, or coastal
wetlands. For development activities not
covered by specific use standards, no permit
TEMPORARY RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1875
shall be issued if the activity would, based on
site-specific information, degrade the water
quality or outstanding resource values.
(10) Within the Coastal Shorelines category
(estuarine and public trust shoreline AECs),
new development shall be located a distance of
30 feet landward of the normal water level or
normal high water level, with the exception of
the following:
(A) Water-dependent uses as described in
Rule 07H .0208(a)(1) of this Section;
(B) Pile-supported signs (in accordance
with local regulations);
(C) Post- or pile -supported fences;
(D) Elevated, slatted, wooden boardwalks
exclusively for pedestrian use and six
feet in width or less. The boardwalk
may be greater than six feet in width
if it is to serve a public use or need;
(E) Crab Shedders, if uncovered with
elevated trays and no associated
impervious surfaces except those
necessary to protect the pump;
(F) Decks/Observation Decks limited to
slatted, wooden, elevated and
unroofed decks that shall not
singularly or collectively exceed 200
square feet;
(G) Grading, excavation and landscaping
with no wetland fill except when
required by a permitted shoreline
stabilization project. Projects shall
not increase stormwater runoff to
adjacent estuarine and public trust
waters, and
(H) Development over existing
impervious surfaces, provided that
the existing impervious surface is not
increased and the applicant designs
the project to comply with the intent
of the rules to the maximum extent
feasible.
(e) Exceptions to the 30-foot buffer requirement set forth in 07H
.0209(d)(10) of this Section. Development shall be exempted
from the buffer requirement set out in Paragraph (d) of this Rule
under the following circumstances:
(1) Where application of the buffer requirement
would preclude placement of a residential
structure with a footprint of 1,200 square feet
or less on lots, parcels and tracts platted prior
to June 1, 1999, development may be
permitted within the buffer as required in
section 07H .0209(d)(10), providing the
following criteria are met:
(A) Development shall minimize the
impacts to the buffer and reduce
runoff by limiting land disturbance to
only so much as is necessary to
construct and provide access to the
residence and to allow installation or
connection of utilities such as water
and sewer;
(B) The residential structure development
shall be located a distance landward
of the normal high water or normal
water level equal to 20 percent of the
greatest depth of the lot. Existing
structures that encroach into the
applicable buffer area may be
replaced or repaired consistent with
the criteria set out in 07J .0201 and
07J .0211.
(2) Where application of the buffer requirement
would preclude placement of a residential
structure on undeveloped lots platted prior to
June 1, 1999, that are 5,000 square feet or less
that do not require onsite septic systems, or
lots that are 7,500 square feet or less that
require onsite septic systems, development
may be permitted within the buffer as required
in section 7H .0209(d)(10), providing the
following criteria are met;
(A) The lot is located in an intensely
developed area and where existing
waterfront residential structures are
present on lots on both sides
immediately adjacent to the proposed
residential structure;
(B) Development shall minimize the
impacts to the buffer and reduce
runoff by limiting land disturbance to
only so much as is necessary to
construct and provide access to the
residence and to allow installation or
connection of utilities such as water
and sewer;
(C) Placement of the residential structure
and associated pervious decking (e.g.
slatted wood) may be aligned no
further into the buffer than the
existing residential structures and
existing pervious decking on
adjoining lots;
(D) The first one and one-half inch of
rainfall from all impervious surfaces
on the lot shall be collected and
contained on site in accordance with
the design standards for stormwater
management for coastal counties as
specified in NCAC 15A 2H .1005. If
the residential structure encroaches
into the buffer, then no other
impervious surfaces will be allowed
within the buffer;
(E) The lot must not be adjacent to waters
designated by the Division of
Environmental Health, Shellfish
Sanitation, as approved or
conditionally approved shellfish
waters.
TEMPORARY RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1876
(2) Where application of the buffer requirement
set out in Subparagraph (d)(10) of this Rule
would preclude placement of a residential
structure on an undeveloped lot platted prior to
June 1, 1999 that is 5,000 square feet or less
that does not require an on-site septic system,
or on an undeveloped lot that is 7,500 square
feet or less that requires an on-site septic
system, development may be permitted within
the buffer if all the following criteria are met:
(A) The lot on which the proposed
residential structure is to be located,
is located between:
(i) Two existing waterfront
residential structures, both of
which are within 100 feet of
the center of the lot and at
least one of which
encroaches into the buffer;
or
(ii) An existing waterfront
residential structure that
encroaches into the buffer
and a road, canal, or other
open body of water, both of
which are within 100 feet of
the center of the lot;
(B) Development of the lot shall
minimize the impacts to the buffer
and reduce runoff by limiting land
disturbance to only so much as is
necessary to construct and provide
access to the residence and to allow
installation or connection of utilities;
(C) Placement of the residential structure
and pervious decking may be aligned
no further into the buffer than the
existing residential structures and
existing pervious decking on
adjoining lots;
(D) The first one and one-half inches of
rainfall from all impervious surfaces
on the lot shall be collected and
contained on-site in accordance with
the design standards for stormwater
management for coastal counties as
specified in 15A NCAC 02H .1005.
The stormwater management system
shall be designed by an individual
who meets applicable State
occupational licensing requirements
for the type of system proposed and
approved during the permit
application process. If the residential
structure encroaches into the buffer,
then no other impervious surfaces
will be allowed within the buffer; and
(E) The lot must not be adjacent to waters
designated as approved or
conditionally approved shellfish
waters by the Shellfish Sanitation
Section of the Division of
Environmental Health of the
Department of Environment and
Natural Resources.
(f) The buffer requirements in 07H .0209 (d)(10) of this Rule
will not apply to Coastal Shorelines where the Environmental
Management Commission (EMC) has adopted rules that contain
buffer standards, or to Coastal Shorelines where the EMC adopts
such rules, upon the effective date of those rules.
(g) Specific Use Standards for Outstanding Resource Waters
(ORW) Coastal Shorelines.
(1) Within the AEC for estuarine and public trust
shorelines contiguous to waters classified as
ORW by the EMC, all development projects,
proposals, and designs shall limit the built
upon area in the AEC to no more than 25
percent or any lower site specific percentage
as adopted by the EMC as necessary to protect
the exceptional water quality and outstanding
resource values of the ORW, and shall:
(A) have no stormwater collection
system;
(B) provide a buffer zone of at least 30
feet from the normal high water line
or normal water line;
(C) otherwise be consistent with the use
standards set out in Paragraph (d) of
this Rule.
(2) Development (other than single-family
residential lots) more than 75 feet from the
normal high water line or normal water line
but within the AEC as of June 1, 1989 shall be
permitted in accordance with rules and
standards in effect as of June 1, 1989 if:
(A) the development has a CAMA permit
application in process, or
(B) the development has received
preliminary subdivision plat approval
or preliminary site plan approval
under applicable local ordinances,
and in which financial resources have
been invested in design or
improvement;
(3) Single -family residential lots that would not be
buildable under the low-density standards
defined in Paragraph (g)(1) of this Rule may
be developed for single-family residential
purposes so long as the development complies
with those standards to the maximum extent
possible.
(4) For ORW nominated subsequent to June 1,
1989, the effective date in Paragraph (g)(2) of
this Rule shall be the dates of nomination by
the EMC.
(h) Urban Waterfronts.
(1) Description. Urban Waterfronts are waterfront
areas, not adjacent to Outstanding Resource
Waters, in the Coastal Shorelines category that
lie within the corporate limits of any
municipality duly chartered within the 20
coastal counties of the state. In determining
TEMPORARY RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1877
whether an area is an urban waterfront, the
following criteria shall be met as of the
effective date of this Rule:
(A) The area lies wholly within the
corporate limits of a municipality;
and
(B) the area is in a central business
district where there is minimal
undeveloped land, mixed land uses,
and urban level services such as
water, sewer, streets, solid waste
management, roads, police and fire
protection, or an industrial zoned area
adjacent to a central business district.
(2) Significance. Urban waterfronts are
recognized as having cultural, historical and
economic significance for many coastal
municipalities. Maritime traditions and
longstanding development patterns make these
areas suitable for maintaining or promoting
dense development along the shore. With
proper planning and stormwater management,
these areas may continue to preserve local
historical and aesthetic values while enhancing
the economy.
(3) Management Objectives. To provide for the
continued cultural, historical, aesthetic and
economic benefits of urban waterfronts.
Activities such as in-fill development, reuse
and redevelopment facilitate efficient use of
already urbanized areas and reduce
development pressure on surrounding areas, in
an effort to minimize the adverse cumulative
environmental effects on estuarine and ocean
systems. While recognizing that opportunities
to preserve buffers are limited in highly
developed urban areas, they are encouraged
where practical.
(4) Use Standards:
(A) The buffer requirement pursuant to
this Rule [07H .0209 (d)(10)] is not
required for development within
designated Urban Waterfronts that
meets the following standards:
(i) The development must be
consistent with the locally
adopted land use plan;
(ii) Impervious surfaces shall
not exceed 30 percent of the
AEC area of the lot.
Impervious surfaces may
exceed 30 percent if the
applicant can effectively
demonstrate, through a
stormwater management
system design, that the
protection provided by the
design would be equal to or
exceed the protection by the
30 percent limitation. The
stormwater management
system shall be designed by
an individual who meets any
North Carolina occupational
licensing requirements for
the type of system proposed
and approved during the
permit application process.
Redevelopment of areas
exceeding the 30 percent
impervious surface
limitation may be permitted
if impervious areas are not
increased and the applicant
designs the project to
comply with the intent of the
rule to the maximum extent
feasible.
(iii) The development shall meet
all state stormwater
management requirements as
required by the NC
Environmental Management
Commission.
(B) Non-water dependent uses over
estuarine waters, public trust waters
and coastal wetlands may be allowed
only within designated Urban
Waterfronts as set out below.
(i) Existing structures over
coastal wetlands, estuarine
waters or public trust areas
may be used for non-water
dependent purposes.
(ii) Existing enclosed structures
may be expanded vertically
provided that vertical
expansion does not exceed
the original footprint of the
structure.
(iii) New structures built for non-water
dependent purposes
are limited to pile-supported,
single-story, unenclosed
decks and boardwalks, and
must meet the following
criteria:
(I) The proposed
development must
be consistent with a
locally adopted
waterfront access
plan that provides
for enhanced public
access to the
shoreline;
(II) Structures may be
roofed but shall not
be enclosed by
partitions, plastic
sheeting, screening,
netting, lattice or
TEMPORARY RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1878
solid walls of any
kind and shall be
limited to a single
story;
(III) Structures must be
pile supported and
require no filling of
coastal wetlands,
estuarine waters or
public trust areas;
(IV) Structures shall not
extend more than
20 feet waterward
of the normal high
water level or
normal water level;
(V) Structures must be
elevated at least
three feet over the
wetland substrate as
measured from the
bottom of the
decking;
(VI) Structures shall
have no more than
six feet of any
dimension
extending over
coastal wetlands;
(VII) Structures shall not
interfere with
access to any
riparian property
and shall have a
minimum setback
of 15 feet between
any part of the
structure and the
adjacent property
owners’ areas of
riparian access. The
line of division of
areas of riparian
access shall be
established by
drawing a line
along the channel
or deep water in
front of the
properties, then
drawing a line
perpendicular to the
line of the channel
so that it intersects
with the shore at
the point the upland
property line meets
the water's edge.
The minimum
setback provided in
the rule may be
waived by the
written agreement
of the adjacent
riparian owner(s) or
when two adjoining
riparian owners are
co-applicants.
Should the adjacent
property be sold
before construction
of the structure
commences, the
applicant shall
obtain a written
agreement with the
new owner waiving
the minimum
setback and submit
it to the permitting
agency prior to
initiating any
development;
(VIII) Structures must be
consistent with the
US Army Corps of
Engineers setbacks
along federally
authorized
waterways;
(IX) Structures shall
have no significant
adverse impacts on
fishery resources,
water quality or
adjacent wetlands
and there must be
no reasonable
alternative that
would avoid
wetlands.
Significant adverse
impacts shall
include but not be
limited to the
development that
would directly or
indirectly impair
water quality
standards, increase
shoreline erosion,
alter coastal
wetlands or
Submerged Aquatic
Vegetation (SAV),
deposit spoils
waterward of
normal water level
or normal high
water level, or
cause degradation
of shellfish beds;
TEMPORARY RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1879
(X) Structures shall not
degrade waters
classified as SA or
High Quality
Waters or
Outstanding
Resource Waters as
defined by the NC
Environmental
Management
Commission;
(XI) Structures shall not
degrade Critical
Habitat Areas or
Primary Nursery
Areas as defined by
the NC Marine
Fisheries
Commission; and
(XII) Structures shall not
pose a threat to
navigation.
History Note: Authority G.S. 113A-107(b); 113A-108;
113A-113(b); 113A-124;
Eff. September 1, 1977;
Amended Eff. April 1, 2001; August 1, 2000; August 3, 1992;
December 1, 1991; May 1, 1990; October 1, 1989;
Temporary Amendment Eff. October 15, 2001 (exempt from 270
day requirement-S.L. 2000-142);
Temporary Amendment Eff. February 15, 2002 (exempt from
270 day requirement-S.L. 2001-494).
APPROVED RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1880
This Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its meeting of
January 17, 2002 pursuant to G.S. 150B-21.17(a)(1) and reported to the Joint Legislative Administrative Procedure Oversight
Committee pursuant to G.S. 150B-21.16. The full text of rules is published below when the rules have been approved by RRC in a
form different from that originally noticed in the Register or when no notice was required to be published in the Register. The
rules published in full text are identified by an * in the listing of approved rules. Statutory Reference: G.S. 150B-21.17.
These rules, unless otherwise noted, will become effective on the 31st legislative day of the 2001 Session of the General Assembly
or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that specifically disapproves the
rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on the day the bill receives an unfavorable
final action or the day the General Assembly adjourns. Statutory reference: G.S. 150B-21.3.
REGISTER CITATION TO THE
APPROVED RULE CITATION NOTICE OF TEXT
04 NCAC 19L .0103 16:05 NCR
04 NCAC 19L .0401 16:05 NCR
04 NCAC 19L .0403* 16:05 NCR
04 NCAC 19L .0407* 16:05 NCR
04 NCAC 19L .0501-.0502* 16:05 NCR
04 NCAC 19L .0911 16:05 NCR
04 NCAC 19L .1002* 16:05 NCR
04 NCAC 19L .1701* 16:05 NCR
04 NCAC 19L .1702 16:05 NCR
04 NCAC 19L .1703* 16:05 NCR
04 NCAC 19L .2002 16:05 NCR
04 NCAC 19L .2003* 16:05 NCR
10 NCAC 41H .0409-.0410 16:07 NCR
10 NCAC 42B .2701* 16:09 NCR
10 NCAC 42B .2702 16:09 NCR
10 NCAC 42B .2703* 16:09 NCR
10 NCAC 42C .4002* 16:09 NCR
10 NCAC 42C .4003 16:09 NCR
10 NCAC 42C .4004* 16:09 NCR
10 NCAC 42D .2302* 16:09 NCR
10 NCAC 42D .2303 16:09 NCR
10 NCAC 42D .2304* 16:09 NCR
12 NCAC 09B .0102* 16:06 NCR
12 NCAC 09B .0203* 16:06 NCR
12 NCAC 09B .0205* 16:06 NCR
12 NCAC 09B .0215* 16:06 NCR
12 NCAC 09B .0233* 16:06 NCR
12 NCAC 09C .0403 16:06 NCR
12 NCAC 09D .0202 16:06 NCR
12 NCAC 09D .0204-.0205 16:06 NCR
15A NCAC 02B .0315* 16:02 NCR
15A NCAC 02C .0107* 16:09 NCR
15A NCAC 02C .0112* 16:09 NCR
15A NCAC 03J .0103 16:09 NCR
15A NCAC 03M .0101 16:09 NCR
15A NCAC 03M .0301 16:07 NCR
15A NCAC 03M .0501* 16:09 NCR
15A NCAC 03O .0101 16:07 NCR
15A NCAC 04B .0126* 16:06 NCR
15A NCAC 07B .0101 16:02 NCR
15A NCAC 07B .0201-.0204 16:02 NCR
15A NCAC 07B .0206-.0207 16:02 NCR
15A NCAC 07B .0210-.0216 16:02 NCR
15A NCAC 07B .0401-.0406 16:02 NCR
15A NCAC 07B .0501-.0507 16:02 NCR
APPROVED RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1881
15A NCAC 07B .0601-.0602* 16:02 NCR
15A NCAC 07B .0702* 16:02 NCR
15A NCAC 07B .0802* 16:02 NCR
15A NCAC 07B .0901* 16:02 NCR
15A NCAC 07L .0101-.0102* 16:06 NCR
15A NCAC 07L .0201-.0206 16:06 NCR
15A NCAC 07L .0301-.0304 16:06 NCR
15A NCAC 07L .0401-.0405 16:06 NCR
15A NCAC 07L .0501-.0509* 16:06 NCR
15A NCAC 07L .0511-.0513* 16:06 NCR
15A NCAC 07L .0514 16:06 NCR
15A NCAC 07L .0601-.0603* 16:06 NCR
15A NCAC 07L .0701-.0705* 16:06 NCR
15A NCAC 18A .0164* 16:07 NCR
15A NCAC 18A .0169 16:07 NCR
15A NCAC 18A .0173* 16:07 NCR
15A NCAC 18A .0436* 16:07 NCR
15A NCAC 18C .0408 16:07 NCR
15A NCAC 18C .1505-.1506* 16:07 NCR
15A NCAC 18C .1515* 16:07 NCR
15A NCAC 18C .1519* 16:07 NCR
15A NCAC 18C .1520-.1523 16:07 NCR
15A NCAC 18C .1525* 16:07 NCR
15A NCAC 18C .1526 16:07 NCR
15A NCAC 18C .1607 16:07 NCR
15A NCAC 18C .2003* 16:07 NCR
15A NCAC 18C .2008 16:07 NCR
15A NCAC 18D .0301-.0303* not required (G.S. 150B-21.5), Eff. February 1, 2002
15A NCAC 18D .0501* not required (G.S. 150B-21.5), Eff. February 1, 2002
15A NCAC 18D .0508* not required (G.S. 150B-21.5), Eff. February 1, 2002
19A NCAC 02B .0165* 16:05 NCR
21 NCAC 18B .0204* 16:10 NCR
21 NCAC 18B .0206 16:10 NCR
21 NCAC 18B .0207* 16:10 NCR
21 NCAC 18B .0208 16:10 NCR
21 NCAC 18B .0209* 16:10 NCR
21 NCAC 18B .0210 16:10 NCR
21 NCAC 18B .0404-.0405 16:10 NCR
21 NCAC 46 .1817 16:05 NCR
21 NCAC 46 .2004* 16:05 NCR
21 NCAC 46 .2506 16:05 NCR
21 NCAC 57A .0102* 16:09 NCR
21 NCAC 57A .0202 16:09 NCR
21 NCAC 57A .0204* 16:09 NCR
21 NCAC 57A .0205-.0207 16:09 NCR
21 NCAC 57A .0208-.0210* 16:09 NCR
21 NCAC 57A .0301* 16:09 NCR
21 NCAC 57A .0303-.0304 16:09 NCR
21 NCAC 57A .0401-.0404 16:09 NCR
21 NCAC 57A .0405-.0406* 16:09 NCR
21 NCAC 57A .0408 16:09 NCR
21 NCAC 57A .0501* 16:09 NCR
21 NCAC 57B .0101* 16:09 NCR
21 NCAC 57B .0102-.0103 16:09 NCR
21 NCAC 57B .0204* 16:09 NCR
21 NCAC 57B .0206-.0208 16:09 NCR
21 NCAC 57B .0209-.0210* 16:09 NCR
21 NCAC 57B .0302* 16:09 NCR
21 NCAC 57B .0304* 16:09 NCR
21 NCAC 57B .0307* 16:09 NCR
21 NCAC 57B .0401 16:09 NCR
APPROVED RULES
16:17 NORTH CAROLINA REGISTER March 1, 2002
1882
21 NCAC 57B .0403* 16:09 NCR
21 NCAC 57B .0503* 16:09 NCR
21 NCAC 57B .0601 16:09 NCR
21 NCAC 57B .0603-.0608* 16:09 NCR
21 NCAC 57B .0611-.0612* 16:09 NCR
21 NCAC 57C .0101 16:09 NCR
21 NCAC 57C .0102* 16:09 NCR
21 NCAC 57C .0302* 16:09 NCR
21 NCAC 58A .0104* 16:08 NCR
21 NCAC 58A .0107-.0109* 16:08 NCR
21 NCAC 58A .0110* 16:08 NCR
21 NCAC 58A .0114 16:08 NCR
21 NCAC 58A .0503* 16:08 NCR
21 NCAC 58A .0507* 16:08 NCR
21 NCAC 58A .0616* 16:08 NCR
21 NCAC 58A .1401 16:08 NCR
21 NCAC 58C .0106 16:08 NCR
21 NCAC 58C .0215 16:08 NCR
21 NCAC 58C .0216* 16:08 NCR
21 NCAC 58C .0302* 16:08 NCR
21 NCAC 58C .0303 16:08 NCR
21 NCAC 58C .0605 16:08 NCR
21 NCAC 58E .0203 16:08 NCR
21 NCAC 58E .0406* 16:08 NCR
21 NCAC 64 .0211* 16:05 NCR
25 NCAC 01B .0438* 16:10 NCR
TITLE 4 - DEPARTMENT OF COMMERCE
04 NCAC 19L .0403 SIZE AND USE OF GRANTS
MADE TO RECIPIENTS
(a) There is no minimum grant amount which applicants may
request or be awarded. Grant awards made to any one recipient
shall not exceed the following amount in each grant category:
Community Revitalization: Concentrated Needs subcategory -
seven hundred thousand dollars ($700,000), Infrastructure
category - eight hundred fifty thousand dollars ($850,000), and
Scattered Site Housing category - four hundred thousand dollars
($400,000) Housing Development - two hundred fifty thousand
dollars ($250,000); Urgent Needs - six hundred thousand dollars
($600,000); Contingency - six hundred thousand dollars
($600,000). Applicants shall not have a project or combination
of projects under active consideration for funding which exceeds
one million two hundred fifty thousand dollars ($1,250,000),
except for Urgent Needs projects, Demonstration projects,
Capacity Building, and Scattered Site Housing. Applicants in
the Community Revitalization category shall choose to apply for
either a Concentrated Needs award, or a Revitalization Strategy
award.
(b) No local government may receive more than a total of one
million two hundred fifty thousand dollars ($1,250,000) in
CDBG funds in the period that the state distributes its annual
HUD allocation of CDBG funds; except that local governments
may also receive up to six hundred thousand dollars ($600,000)
for a project that addresses Urgent Needs and funds for one
demonstration project in addition to other grants awarded during
the same time period.
(c) Concentrated Needs subcategory applicants may spend a
portion of their total grant amount to finance local option
activities. Up to 15 percent may be spent on eligible activities
which do not need to be directly related to proposed projects.
Job creation activities are not eligible local option activities.
Local option activities shall not be competitively rated by the
Division, but may be limited to specific eligible activities. Each
local option project must show that:
(1) At least fifty-one percent of the CDBG funds
proposed for each activity will benefit low-and
moderate-income persons, except that
CDBG funds may be used for acquisition,
disposition, or clearance of vacant units to
address the national objective of prevention or
elimination of slums or blight; and
(2) CDBG funds proposed for each activity will
address the national objective of benefiting
low- and moderate-income persons, or aid in
the prevention or elimination of slums or
blight.
(d) The Division may review grant requests to determine the
reasonableness and appropriateness of all proposed
administrative and planning costs. Notwithstanding Rule .0910
of this Subchapter, grantees may not increase their approved
planning and administrative budgets without prior Division
approval. In no case, may applicants budget and expend more
than 18 percent of the sum of funds requested and program
income for administrative and planning activities for each
project, except that demonstration funds may be awarded for
projects limited to planning activities only in which case all
funds will be spent for planning and administration.
(e) Applicants may spend CDBG funds in those areas in which
the applicant has the legal authority to undertake project
activities.
(f) Grants to specific recipients shall be provided in amounts
commensurate with the size of the applicant's program. In
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determining appropriate grant amounts for each applicant, the
Division may consider an applicant's need, proposed activities,
all proposed administrative and planning costs, and ability to
carry out the proposed activities.
History Note: Authority G.S. 143B-10; 143B-431;
24 C.F.R. 570.483; 42 U.S.C. 5301;
Eff. July 1, 1982;
Amended Eff. August 1, 1998; February 1, 1996; March 1,
1995; June 1, 1994; June 1, 1993; June 1, 1992.
Temporary Amendment Eff. January 1, 2001;
Amended Eff. August 1, 2002.
04 NCAC 19L .0407 GENERAL APPLICATION
REQUIREMENTS
(a) Local governments shall submit applications as prescribed
by this Rule in order to be considered for funding. Selection of
applications for funding shall be based primarily on information
contained in the application; thus applications must contain
sufficient information for the Division to rate them against the
selection criteria. In addition, the following may be considered:
information from any source which regards the eligibility of the
applicant or application; the legality or feasibility of proposed
activities; the applicant's compliance with application procedures
specified in this Subchapter or the accuracy of the information
presented in the application; evaluation of proposed projects by
on-site review; and category-specific information described in
Sections .0500, .0700, .0800, .1200, .1300, and .1700 of this
Subchapter. All applicants shall address their projects to one of
the following grant categories: Community Revitalization (either
Concentrated Needs, or Revitalization Strategies), Housing
Development, Urgent Needs, Demonstration, Scattered Site
Housing, Infrastructure, and Economic Development.
Applicants may apply in more than one grant category,
providing the total grant application and award does not exceed
the maximum limits described in Paragraphs (a) and (b) of Rule
.0403 of this Section. Applicants shall submit an application
that describes each project in sufficient detail to be rated.
(b) Applications must be received by the Division's
administrative offices in Raleigh before 5:00 p.m. on the
submission date or sent by mail and postmarked on the
submission date.
(c) Applicants must provide citizens with adequate opportunity
for meaningful involvement in the development of Community
Development Block Grant applications. Specific citizen
participation guidelines are described further in Rule .1002 of
this Subchapter. If the Division is aware of an applicant's failure
to meet these citizen participation requirements, the Division
may not rate the application.
(d) The Division may submit all CDBG applications and
environmental review records as may be required by the
National Environmental Policy Act and the State Environmental
Policy Act to the State Clearinghouse of the Department of
Administration for review and comments. The Division may
require each applicant to submit a written description of how the
applicant proposes to address each comment received from the
State Clearinghouse.
(e) The applicant shall certify to the Division that it will comply
with all applicable federal and state laws, regulations, rules and
Executive Orders. Copies of these federal and state
requirements are available for public inspection from the
Division.
(f) Applicants must comply with the Housing and Community
Development Act of 1974 as amended, all applicable federal and
state laws, regulations, rules, and Executive Orders.
(g) Application requirements described in this Rule .0407 do not
apply to demonstration grants and Urgent Needs grants, except
for Paragraphs (a), (d), and (f).
(h) For multi-family rental housing activities, the applicant must
state in the application the standards it has adopted for
determining affordable rents for such activities.
(i) Applicants that receive CDBG funding for projects may
charge the cost of application preparation to prior CDBG
programs or to the current program provided that procurement
procedures consistent with 24 CFR 85.36 are followed. No
more than three thousand five hundred dollars ($3,500) may be
charged to the CDBG program for application preparation,
(j) Applicants may apply for a Capacity Building grant in any
category except in the Urgent Needs and Demonstration Projects
categories.
History Note: Authority G.S. 143B-10; 143B-431;
42 U.S.C.A. 5304(a); 24 C.F.R. 570.483;
Eff. July 1, 1982;
Amended Eff. August 1, 1998; March 1, 1995; June 1, 1994;
June 1, 1993; June 1, 1992;
Temporary Amendment Eff. January 1, 2001;
Amended Eff. August 1, 2002.
SECTION .0500 – COMMUNITY REVITALIZATION
PROJECTS
04 NCAC 19L .0501 DESCRIPTION
(a) The Community Revitalization category includes activities
in which a majority of funds is directed towards improving,
preserving or developing residential areas. All eligible CDBG
activities may be undertaken for the purpose of community
revitalization. Applications for funding may involve single or
multiple activities, addressing one or more needs in the area. All
Community Revitalization activities, must be carried out within
defined project areas. Community Revitalization funds shall be
distributed to eligible units of local government on a competitive
basis. Community Revitalization projects shall be evaluated
against other Community Revitalization project proposals.
(b) The Community Revitalization category includes a
subcategory for Revitalization Strategies activities which
provides funds to selected governments to address mu ltiple need
in high poverty areas. This new subcategory shall provide
funding to help carry out a long term revitalization strategy. Up
to three hundred fifty thousand dollars ($350,000) per year, shall
be awarded to eligible local government to carry out a strategy
over three to five years. Revitalization Strategies funds may be
used for any of the following components as part of strategies to
address high poverty arrears in Tier 1/Tier 2 counties and non-entitlement
municipalities with State Development Zones:
housing, public services, economic development, public
facilities, infrastructure. Activities must be targeted toward a
defined geographical area that has at least 25% poverty and
must involve collaboration with community/economic
development organizations and partners.
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(c) The Community Revitalization category includes a
subcategory for concentrated needs activities which provides
funds for improving, preserving, or developing residential
neighborhoods. Concentrated Needs may not include more than
one project. A project may have two sub-areas. Projects may
have single or multiple activities except a project may not have
only water and sewer activities. The maximum award amount
for a Concentrated Needs application is seven hundred thousand
dollars ($700,000). The highest priority is given to housing
needs, substandard housing, lack of water/sewer, and the second
priority is given to neighborhood needs (streets and drainage).
Concentrated needs funds can be used for rehabilitation,
acquisition, clearance, relocation, disposition, water and
wastewater, and streets and drainage.
History Note: Authority G.S. 143B-10; 143B-431;
42 U.S.C.A. 5301; 24 C.F.R. 570.483;
Eff. July 1, 1982;
Amended Eff. August 1, 1998; March 1, 1995; June 1, 1994;
June 1, 1993; October 1, 1990;
Temporary Amendment Eff. January 1, 2001;
Amended Eff. August 1, 2002.
04 NCAC 19L .0502 ELIGIBILITY REQUIREMENTS
(a) Applications for concentrated needs subcategory funds must
show that:
(1) At least 51 percent of the CDBG funds
proposed for each project shall benefit low-and
moderate-income persons, except that
CDBG funds proposed for local option
activities may be used for acquisition,
disposition, or clearance of vacant units to
address the national objective of prevention or
elimination of slums or blight; and
(2) CDBG funds proposed for each activity shall
meet a national objective as specified in HUD
regulations previously incorporated by
reference, except that funds shall not be used
to meet the national objective of urgent need
which is covered by Rule .0801 of this
Subchapter.
Applications that do not meet these eligibility requirements shall
not be rated or funded. In designing projects which meet these
requirements, applicants must ensure that activities do not
benefit moderate-income persons to the exclusion of low-income
persons.
(b) Applicants for Revitalization Strategies subcategory funds
must show that:
(1) the defined area has at least 25% poverty as
determined in the most recent decennial census
and defined in HUD CPD NOTICE 97-01
paragraph D section 2 third bullet as all of
census tracts/block numbering areas in the area
have at least a 20% poverty rate, and at least
90% of them have at least a 25% poverty rate;
and the area is primarily residential.
(2) CDBG funds proposed for acquisition,
clearance, and disposition of vacant units shall
address a national objective of preventing or
eliminating slums or blight.
(c) Applicants shall have the capacity to administer a CDBG
program. The Division may examine the following areas to
determine capacity:
(1) audit and monitoring findings on previously
funded Community Development Block Grant
programs, and the applicant's fiscal
accountability as demonstrated in other state or
federal programs or local government financial
reports; and
(2) the rate of expenditure of funds and
accomplishments in previously funded CDBG
programs. Applicants that show a lack of
capacity shall not be rated or funded.
History Note: Authority G.S. 143B-10; 143B-431;
42 U.S.C.A. 5301; 24 C.F.R. 570.483;
Eff. July 1, 1982;
Amended Eff. August 1, 1998; March 1, 1995; June 1, 1994;
June 1, 1993; September 1, 1990;
Temporary Amendment Eff. January 1, 2001;
Amended Eff. August 1, 2002.
04 NCAC 19L .1002 CITIZEN PARTICIPATION
(a) Each applicant and recipient shall provide citizens with an
opportunity for meaningful involvement on a continuing basis
and for participation in the planning, implementation and
assessment of the program. Each applicant and recipient shall
provide information to citizens, hold public hearings, provide for
timely responses to citizens' complaints, and certify that it is
following a detailed Citizen Participation Plan as in (b) through
(h) of this Rule. All public hearings shall be held by the
governing board of the applicant or recipient.
(b) Citizen participation in the application process.
(1) Each applicant for CDBG funds shall:
(A) Solicit and respond in a timely
manner to views and proposals of
citizens, particularly low- and
moderate-income persons, members
of minority groups, and residents of
blighted areas where activities are
proposed. Applicants shall respond
in writing to written citizen
comments. Responses shall be made
within 10 calendar days of receipt of
the citizen comment, when
practicable.
(B) Provide technical assistance to
facilitate citizen participation, where
requested. The technical assistance
shall be provided to groups
representative of persons of low- and
moderate-income that request such
assistance in developing proposals.
The level and type shall be
determined by the applicant.
(C) Provide notices of public hearings in
a timely manner to all citizens and in
such a way as to make them
understandable to non-English
speaking persons. Hearings must be
held at times and locations
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convenient to potential or actual
beneficiaries and with
accommodations for persons with
disabilities. A notice of the public
hearing shall be published at least
once in the nonlegal section of a
newspaper having general circulation
in the area. The notice shall be
published not less than ten days nor
more than 25 days before the date
fixed for the hearing. The notice of
public hearing to obtain citizens'
views after the application has been
prepared, but prior to the submission
of the application to the Division,
shall contain a description of the
proposed project(s) including the
proposed project location, activities
to be carried out, and the total costs
of activities. The notice of the public
hearing shall also contain the
language for submitting objections
contained in the Part (b)(2)(A) of this
Rule.
(D) Schedule hearings to obtain citizens'
views and to respond to citizen
proposals at times and locations
which permit broad participation,
particularly by low- and
moderate-income persons, members
of minority groups, handicapped
persons, and residents of blighted
neighborhoods and project areas.
(E) Conduct one public hearing during
the planning process to allow citizens
the opportunity to express views and
proposals prior to formulation of the
application, except that applicants in
the Urgent Needs category are
exempt from holding this public
hearing.
(F) Conduct one public hearing after the
application has been prepared but
prior to submission of the application
to the Division.
(2) Submitting objections to the Division.
(A) Persons wishing to object to the
approval of an application by the
Division shall submit to the Division
their objections in writing. The
Division shall consider objections
made only on the following grounds:
(i) The applicant's description
of the needs and objectives
is plainly inconsistent with
available facts and data,
(ii) The activities to be
undertaken are plainly
inappropriate to meeting the
needs and objectives
identified by the applicant,
and
(iii) The application does not
comply with the
requirements of this
Subchapter or other
applicable laws.
(B) All objections shall include an
identification of the requirements not
met. In the case of objections made
on the grounds that the description of
needs and objectives is plainly
inconsistent with available facts and
data, the objection shall include the
facts and data upon which the
objection is based.
(c) Citizen Participation Plan. Recipients shall develop and
adopt, by resolution of their governing board, a written citizen
participation plan developed in accordance with all provisions of
this Rule and which:
(1) provides for and encourages citizen
participation with particular emphasis on
participation by persons of low- and
moderate-income who are residents of slum
and blight areas and of areas in which CDBG
funds are proposed to be used;
(2) provides citizens with reasonable and timely
access to local meetings, information, and
records relating to the recipient's proposed and
actual use of funds;
(3) provides for technical assistance to groups
representative of persons of low- and
moderate-income that request such assistance
in accordance with Part (b)(1)(B) of this Rule;
(4) provides for public hearings to obtain citizen
views and to respond to proposals and
questions at all stages of the community
development program in accordance with
Paragraphs (b), (f), and (g) of this Rule;
(5) provides a procedure for developing written
responses to written complaints and grievances
within ten calendar days of receipt of the
complaint. The procedure shall include all
provisions of Paragraph (d) of this Rule; and
(6) identifies how the needs of non-English
speaking residents will be met in the case of
public hearings where a significant number of
non-English speaking residents can be
reasonably expected to participate.
(d) The recipient shall develop and adopt a written complaint
procedure to respond to citizen complaints involving the CDBG
program. The complaint procedure shall be applicable through
the life of the grant and available to the general public. It shall
specify that the recipient will respond in writing to written
citizen complaints within 10 calendar days of receipt of the
complaint. The procedure shall include a phone number for
further information or clarification on the complaint procedure
and shall identify any local procedures or appeals process that
would normally be used by the recipient to address citizen
complaints. The complaint procedure shall also state that if a
citizen lodging a complaint is dissatisfied with the local
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response, then that person may direct the complaint to the North
Carolina Division of Community Assistance.
(e) Citizen participation during program implementation.
Citizens shall have the opportunity to comment on the
implementation of a Community Development Program
throughout the term of the program. Recipients shall solicit and
respond to the views and proposals of citizens in the same
manner as in Part (b)(1)(A) of this Rule.
(f) Citizen participation in the program amendment process.
(1) Recipient procedures.
(A) Recipients proposing amendments
which require prior Division approval
in accordance with Rule .0910 of this
Subchapter shall to conduct one
public hearing prior to submission of
the amendment to the Division in the
same manner as in Part (b)(1)(C) of
this Rule.
(B) Each recipient shall respond to citizen
objections and comments in the same
manner as in Part (b)(1)(A) of this
Rule.
(2) Submitting Objections to the Division.
(A) Persons wishing to object to the
approval of an amendment by the
Division shall make such objection in
writing. The Division shall consider
objections made only on the
following grounds:
(i) The recipient's description of
needs and objectives is
plainly inconsistent with
available facts and data,
(ii) The activities to be
undertaken are plainly
inappropriate to meeting the
needs and objectives
identified by the recipient,
and
(iii) The amendment does not
comply with the
requirements of this Section
or other applicable laws and
regulations.
(B) All objections shall include an
identification of the requirements not
met. In the case of objections made
on the grounds that the description of
needs and objectives is plainly
inconsistent with available facts and
data, the objection shall include the
facts and data upon which the
objection is based.
(g) Citizen participation in the program closeout process.
(1) Recipients shall conduct one public hearing to
assess program performance during the grant
closeout process and prior to the actual
closeout of the grant in the same manner as in
Part (b)(1)(C) of this Rule.
(2) Recipients shall continue to solicit and respond
to citizen comment in the same manner as in
Part (b)(1)(A) of this Rule until such time as
the grant program is closed.
(h) Persons may submit written comments to the Division at any
time concerning the applicant's or recipient's failure to comply
with the requirements contained in this Subchapter.
(i) All records of public hearings, citizens' comments, responses
to comments and other relevant documents and papers shall be
kept in accordance with Rule .0911 of this Subchapter. All
program records shall be accessible to citizens in accordance
with Rule .0911(b) of this Subchapter.
History Note: Authority G.S. 143B-10; 143B-431;
42 U.S.C.A. 5304(a)(2); 24 C.F.R. 570.486;
Eff. July 1, 1982;
Amended Eff. August 1, 1998; June 1, 1993;
September 1, 1990; May 1, 1988; March 1, 1984;
Temporary Amendment Eff. January 1, 2001;
Amended Eff. August 1, 2002.
04 NCAC 19L .1701 DESCRIPTION
Grants under the Scattered Site Housing Category direct
activities toward one hundred percent low- and moderate-income
persons. Scattered Site Housing projects are limited to housing
rehabilitation, acquisition, disposition, clearance, and relocation
activities. Scattered Site Housing activities may be carried out
in any location throughout the recipient's jurisdiction. Scattered
Site Housing funds shall be distributed to eligible units of local
governments in a three year rotating basis and periodically based
on distribution plans and prior performance.
History Note: Authority G.S. 143B-10; 143B-431;
24 C.F.R. 570.483;
Eff. March 1, 1995;
Amended Eff. August 1, 1998;
Temporary Amendment Eff. January 1, 2001;
Amended Eff. August 1, 2002.
04 NCAC 19L .1703 SELECTION CRITERIA
Criteria for Scattered Site Housing awards are:
(1) community need;
(2) community impact;
(3) project design;
(4) financial feasibility;
(5) year of eligibility;
(6) distribution plan; and
(7) participation process.
History Note: Authority G.S. 143B-10; 143B-431;
24 C.F.R. 570.489;
Eff. March 1, 1995;
Amended Eff. August 1, 1998;
Temporary Amendment Eff. January 1, 2001;
Amended Eff. August 1, 2002.
04 NCAC 19L .2003 SELECTION CRITERIA
Criteria for Infrastructure awards are:
(1) severity of needs;
(2) benefit to low and moderate income persons;
(3) local commitment;
(4) treatment of needs; and
(5) appropriateness and feasibility.
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History Note: Authority G.S. 143B-10; 143B-431;
24 C.F.R. 570.489;
Temporary Adoption Eff. January 1, 2001;
Eff. August 1, 2002.
TITLE 10 – DEPARTMENT OF HEALTH AND
HUMAN SERVICES
10 NCAC 42B .2701 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) "Accident" means an unexpected, unnatural or
irregular event contributing to a resident's
death and includes, but is not limited to,
medication errors, falls, fractures, choking,
elopement, exposure, poisoning, drowning,
fire, burns or thermal injury, electrocution,
misuse of equipment, motor vehicle accidents,
and natural disasters.
(2) "Immediately" means at once, at or near the
present time, without delay.
(3) "Violence" means physical force exerted for
the purpose of violating, damaging, abusing or
injuring. or abusing another person.
History Note: Authority G.S. 131D-2; 131D-34.1;
Temporary Adoption Eff. May 1, 2001;
Eff. July 18, 2002.
10 NCAC 42B .2703 REPORTING REQUIREMENTS
(a) Upon learning of a resident death as described in Paragraphs
(b) and (c) of this Rule, a facility shall file a report in accordance
with this Rule. A facility shall be deemed to have learned of a
resident death when any facility staff obtains information that
the death occurred.
(b) A written notice containing the information listed under
Paragraph (d) of this Rule shall be made immediately for the
following:
(1) a resident death occurring in an adult care
home within seven days of the use of a
physical restraint or physical hold on the
resident; or
(2) a resident death occurring within 24 hours of
the resident’s transfer from the adult care
home to a hospital, if the death occurred
within seven days of physical restraint or
physical hold of the resident.
(c) A written notice containing the information under Paragraph
(d) of this Rule shall be made within three days of any death
resulting from violence, accident, suicide or homicide.
(d) Written notice may be submitted in person or by
telefacsimile or electronic mail. If the reporting facility does not
have the capacity or capability to submit a written notice
immediately, the information contained in the notice may be
reported by telephone following the same time requirements
under Subparagraphs (b) and (c) of this Rule until such time the
written notice may be submitted. The notice shall include at
least the following information:
(1) Reporting facility: Name, address, county,
license number (if applicable),
Medicare/Medicaid provider number (if
applicable), facility administrator and
telephone number, name and title of person
preparing report, first person to learn of death
and first staff to receive report of death, and
date and time report prepared;
(2) Resident information: Name, Medicaid
number (if applicable), date of birth, age, sex,
race, primary admitting diagnoses, and date of
most recent admission to an acute care
hospital;
(3) Circumstances of death: place and address
where resident died, date and time death was
discovered, physical location decedent was
found, cause of death (if known), whether or
not decedent was restrained at the time of
death or within 7 days of death and if so, a
description of the type of restraint and its
usage, and a description of events surrounding
the death; and
(4) Other information: list of other authorities
such as law enforcement or the County
Department of Social Services that have been
notified, have investigated or are in the process
of investigating the death or events related to
the death.
(e) The facility shall submit a written report, using a form
pursuant to G.S. 131D-34.1(e). The facility shall provide, fully
and accurately, all information sought on the form. If the facility
is unable to obtain any information sought on the form, or if any
such information is not yet available, the facility shall so explain
on the form.
(f) In addition, the facility shall:
(1) Notify the Division of Facility Services
immediately whenever it has reason to believe
that information provided may be erroneous,
misleading, or otherwise unreliable;
(2) Submit to the Division of Facility Services,
immediately after it becomes available, any
information required by this rule that was
previously unavailable; and
(3) Provide, upon request by the Division of
Facility Services, other information the facility
obtains regarding the death, including, but not
limited to, death certificates, autopsy reports,
and reports by other authorities.
(g) With regard to any resident death under circumstances
described in G.S. 130A-383, a facility shall notify the
appropriate law enforcement authorities so the medical examiner
of the county in which the body is found may be notified.
Documentation of such notification shall be maintained by the
facility and be made available for review by the Division upon
request.
(h) In deaths not under the jurisdiction of the medical examiner,
the facility shall notify the decedent's next -of-kin, or other
individual authorized according to G.S. 130A-398, that an
autopsy may be requested as designated in G.S. 130A-389.
History Note: Authority G.S. 131D-2; 131D-34.1;
Temporary Adoption Eff. May 1, 2001;
Eff. July 18, 2002.
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10 NCAC 42C .4002 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) "Accident" means an unexpected, unnatural or
irregular event contributing to a resident's
death and includes, but is not limited to,
medication errors, falls, fractures, choking,
elopement, exposure, poisoning, drowning,
fire, burns, or thermal injury, electrocution,
misuse of equipment, motor vehicle accidents,
and natural disasters.
(2) "Immediately" means at once, at or near the
present time, without delay.
(3) "Violence" means physical force exerted for
the purpose of violating, damaging, abusing or
injuring. or abusing another person .
History Note: Authority G.S. 131D-2; 131D-34.1;
Temporary Adoption Eff. May 1, 2001;
Eff. July 18, 2002.
10 NCAC 42C .4004 REPORTING REQUIREMENTS
(a) Upon learning of a resident death as described in Paragraphs
(b) and (c) of this Rule, a facility shall file a report in accordance
with this Rule. A facility shall be deemed to have learned of a
resident death when any facility staff obtains information that
the death occurred.
(b) A written notice containing the information listed under
Paragraph (d) of this Rule shall be made immediately for the
following:
(1) a resident death occurring in an adult care
home within seven days of the the use of a
physical restraint or physical hold on the
resident; or
(2) a resident death occurring within 24 hours of
the resident's transfer from the adult care home
to a hospital, if the death occurred within
seven days of physical restraint or physical
hold of the resident.
(c) A written notice containing the information under Paragraph
(d) of this Rule shall be made within three days of any death
resulting from violence, accident, suicide or homicide.
(d) Written notice may be submitted in person or by
telefacsimile or electronic mail. If the reporting facility does not
have the capacity or capability to submit a written notice
immediately, the information contained in the notice may be
reported by telephone following the same time requirements
under Subparagraphs (b) and (c) of this Rule until such time the
written notice may be submitted. The notice shall include at
least the following information:
(1) Reporting facility: Name, address, county,
license number (if applicable),
Medicare/Medicaid provider number (if
applicable), facility administrator and
telephone number, name and title of person
preparing report, first person to learn of death
and first staff to receive report of death, and
date and time report prepared;
(2) Resident information: Name, Medicaid
number (if applicable), date of birth, age, sex,
race, primary admitting diagnoses, and date of
most recent admission to an acute care
hospital;
(3) Circumstances of death: place and address
where resident died, date and time death was
discovered, physical location decedent was
found, cause of death (if known), whether or
not decedent was restrained at the time of
death or within 7 days of death and if so, a
description of the type of restraint and its
usage, and a description of events surrounding
the death; and
(4) Other information: list of other authorities
such as law enforcement or the County
Department of Social Services that have been
notified, have investigated or are in the process
of investigating the death or events related to
the death.
(e) The facility shall submit a written report, using a form
pursuant to G.S. 131D-34.1(e). The facility shall provide, fully
and accurately, all information sought on the form. If the facility
is unable to obtain any information sought on the form, or if any
such information is not yet available, the facility shall so explain
on the form.
(f) In addition, the facility shall:
(1) Notify the Division of Facility Services
immediately whenever it has reason to believe
that information provided may be erroneous,
misleading, or otherwise unreliable;
(2) Submit to the Division of Facility Services,
immediately after it becomes available, any
information required by this rule that was
previously unavailable; and
(3) Provide, upon request by the Division of
Facility Services, other information the facility
obtains regarding the death, including, but not
limited to, death certificates, autopsy reports,
and reports by other authorities.
(g) With regard to any resident death under circumstances
described in G.S. 130A-383, a facility shall notify the
appropriate law enforcement authorities so the medical examiner
of the county in which the body is found may be notified.
Documentation of such notification shall be maintained by the
facility and be made available for review by the Division upon
request.
(h) In deaths not under the jurisdiction of the medical examiner,
the facility shall notify the decedent's next -of-kin, or other
individual authorized according to G.S. 130A-398, that an
autopsy may be requested as designated in G.S. 130A-389.
History Note: Authority G.S. 131D-2; 131D-34.1;
Temporary Adoption Eff. May 1, 2001;
Eff. July 18, 2002.
10 NCAC 42D .2302 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) "Accident" means an unexpected, unnatural or
irregular event contributing to a resident's
death and includes, but is not limited to,
medication errors, falls, fractures, choking,
elopement, exposure, poisoning, drowning,
fire, burns or thermal injury, electrocution,
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misuse of equipment, motor vehicle accidents,
and natural disasters.
(2) "Immediately" means at once, at or near the
present time, without delay.
(3) "Violence" means physical force exerted for
the purpose of violating, damaging, abusing or
injuring. or abusing another person.
History Note: Authority G.S. 131D-2; 131D-34.1;
Temporary Adoption Eff. May 1, 2001;
Eff. July 18, 2002.
10 NCAC 42D .2304 REPORTING REQUIREMENTS
(a) Upon learning of a resident death as described in Paragraphs
(b) and (c) of this Rule, a facility shall file a report in accordance
with this Rule. A facility shall be deemed to have learned of a
resident death when any facility staff obtains information that
the death occurred.
(b) A written notice containing the information listed under
Paragraph (d) of this Rule shall be made immediately for the
following:
(1) a resident death occurring in an adult care
home within seven days of the use of a
physical restraint or physical hold on the
resident; or
(2) a resident death occurring within 24 hours of
the resident’s transfer from the adult care
home to a hospital, if the death occurred
within seven days of physical restraint or
physical hold of the resident.
(c) A written notice containing the information under Paragraph
(d) of this Rule shall be made within three days of any death
resulting from violence, accident, suicide or homicide.
(d) Written notice may be submitted in person or by
telefacsimile or electronic mail. If the reporting facility does not
have the capacity or capability to submit a written notice
immediately, the information contained in the notice may be
reported by telephone following the same time requirements
under Subparagraphs (b) and (c) of this Rule until such time the
written notice may be submitted. The notice shall include at
least the following information:
(1) Reporting facility: Name, address, county,
license number (if applicable),
Medicare/Medicaid provider number (if
applicable), facility administrator and
telephone number, name and title of person
preparing report, first person to learn of death
and first staff to receive report of death, and
date and time report prepared;
(2) Resident information: Name, Medicaid
number (if applicable), date of birth, age, sex,
race, primary admitting diagnoses, and date of
most recent admission to an acute care
hospital.
(3) Circumstances of death: place and address
where resident died, date and time death was
discovered, physical location decedent was
found, cause of death (if known), whether or
not decedent was restrained at the time of
death or within 7 days of death and if so, a
description of the type of restraint and its
usage, and a description of events surrounding
the death; and
(4) Other information: list of other authorities
such as law enforcement or the County
Department of Social Services that have been
notified, have investigated or are in the process
of investigating the death or events related to
the death.
(e) The facility shall submit a written report, using a form
pursuant to G.S. 131D-34.1(e). The facility shall provide, fully
and accurately, all information sought on the form. If the facility
is unable to obtain any information sought on the form, or if any
such information is not yet available, the facility shall so explain
on the form.
(f) In addition, the facility shall:
(1) Notify the Division of Facility Services
immediately whenever it has reason to believe
that information provided may be erroneous,
misleading, or otherwise unreliable;
(2) Submit to the Division of Facility Services,
immediately after it becomes available, any
information required by this rule that was
previously unavailable; and
(3) Provide, upon request by the Division of
Facility Services, other information the facility
obtains regarding the death, including, but not
limited to, death certificates, autopsy reports,
and reports by other authorities.
(g) With regard to any resident death under circumstances
described in G.S. 130A-383, a facility shall notify the
appropriate law enforcement authorities so the medical examiner
of the county in which the body is found may be notified.
Documentation of such notification shall be maintained by the
facility and be made available for review by the Division upon
request.
(h) In deaths not under the jurisdiction of the medical examiner,
the facility shall notify the decedent's next -of-kin, or other
individual authorized according to G.S. 130A-398, that an
autopsy may be requested as designated in G.S. 130A-389.
History Note: Authority G.S. 131D-2; 131D-34.1;
Temporary Adoption Eff. May 1, 2001;
Eff. July 18, 2002.
TITLE 12 – DEPARTMENT OF JUSTICE
12 NCAC 09B .0102 BACKGROUND INVESTIGATION
(a) Any agency contemplating the employment of an applicant
as a criminal justice officer shall, prior to employment, complete
a background investigation on such applicant. The investigation
shall examine the applicant's character traits and habits relevant
to performance as a criminal justice officer and shall determine
whether the applicant is of good moral character pursuant to 12
NCAC 09B .0101(3).
(b) Prior to the investigation, the applicant shall complete the
Commission's Personal History Statement Form to provide a
basis for the investigation.
(c) The agency shall utilize an investigator with prior
experience or training in conducting background investigations.
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The investigator shall document the results of the investigation
and shall include in the report of investigation:
(1) biographical data;
(2) family data;
(3) scholastic data;
(4) employment data;
(5) criminal history data;
(6) interviews with the applicant's references; and
(7) a summary of the investigator's findings and
conclusions regarding the applicant's moral
character.
(d) For criminal justice officers employed by the North Carolina
Department of Correction, the agency may use the method of
documenting the results of the background investigation it
deems most appropriate to its needs in accordance with the
Commission form. However, the Commission's Mandated
Background Investigation Form must be used to collect
minimum information to be recorded by the investigator for all
other criminal justice officer applicants that are regulated by the
Commission.
(e) Upon written request by the Director of the Standards
Division, the employing agency shall provide the Commission
with a copy of any background investigation retained by the
agency.
History Note: Authority G.S. 17C-6;
Eff. January 1, 1981;
Amended Eff. August 1, 2002; August 1, 1998; July 1, 1989.
12 NCAC 09B .0203 ADMISSION OF TRAINEES
(a) The school may not admit any individual younger than 20
years of age as a trainee in any non-academic basic criminal
justice training course. Individuals under 20 years of age may
be granted authorization for early enrollment with prior written
approval from the Director of the Standards Division. The
Director shall approve early enrollment as long as the individual
turns 20 years of age prior to the date of the State
Comprehensive Examination for the course.
(b) The school shall give priority admission in accredited
criminal justice training courses to individuals holding full-time
employment with criminal justice agencies.
(c) The school may not admit any individual as a trainee in a
presentation of the "Criminal Justice Instructor Training Course"
who does not meet the minimum education and experience
requirements for instructor certification under Rule .0302(1) of
this Subchapter within three months of successful completion of
the Instructor Training State Comprehensive Examination.
(d) The school shall administer the reading component of a
standardized test which reports a grade level for each trainee
participating in the Basic Law Enforcement Training Course.
The specific type of test instrument shall be determined by the
School Director and shall be administered no later than by the
end of the first two weeks of a presentation of the Basic Law
Enforcement Training Course.
(e) The school shall not admit any individual as a trainee in a
presentation of the Basic Law Enforcement Training Course
unless as a prerequisite the individual has provided to the School
Director a medical examination report, properly completed by a
physician licensed to practice medicine in North Carolina, to
determine the individual's fitness to perform the essential job
functions of a criminal justice officer. The Director of the
Standards Division may grant an exception to this for a period of
time not to exceed the commencement of the physical fitness
topical area when failure to timely receive the medical
examination report is not due to neglect on the part of the
trainee.
History Note: Authority G.S. 17C-6; 17C-10;
Eff. January 1, 1981;
Amended Eff. August 1, 2002; August 1, 2000; January 1, 1995;
March 1, 1992; July 1, 1989; January 1, 1985.
12 NCAC 09B .0205 BASIC LAW ENFORCEMENT
TRAINING
(a) The basic training course for law enforcement officers
consists of instruction designed to provide the trainee with the
skills and knowledge to perform those tasks essential to function
in law enforcement.
(b) The course entitled "Basic Law Enforcement Training" shall
consist of a minimum of 602 hours of instruction and shall
include the following identified topical areas and minimum
instructional hours for each:
(1) LEGAL UNIT
(A) Motor Vehicle Laws 20 Hours
(B) Preparing for Court and Testifying in
Court 12 Hours
(C) Elements of Criminal Law
24 Hours
(D) Juvenile Laws and Procedures
8 Hours
(E) Arrest, Search and
Seizure/Constitutional Law
28 Hours
(F) ABC Laws and Procedures
4 Hours
UNIT TOTAL 96 Hours
(2) PATROL DUTIES UNIT
(A) Techniques of Traffic Law
Enforcement 24 Hours
(B) Explosives and Hazardous Materials
Emergencies 12 Hours
(C) Traffic Crash Investigation
20 Hours
(D) In-Custody Transportation
8 Hours
(E) Crowd Management
12 Hours
(F) Patrol Techniques
20 Hours
(G) Law Enforcement Communication
and Information Systems 8 Hours
UNIT TOTAL 104 Hours
(3) LAW ENFORCEMENT
COMMUNICATION UNIT
(A) Dealing with Victims and the Public
10 Hours
(B) Domestic Violence Response
12 Hours
(C) Ethics for Professional Law
Enforcement 4 Hours
(D) Individuals with Mental Illness and
Mental Retardation 8 Hours
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(E) Crime Prevention Techniques
6 Hours
(F) Communication Skills for Law
Enforcement Officers 8 Hours
UNIT TOTAL 48 Hours
(4) INVESTIGATION UNIT
(A) Fingerprinting and Photographing
Arrestee 6 Hours
(B) Field Note-taking and Report Writing
12 Hours
(C) Criminal Investigation
32 Hours
(D) Interviews: Field and In-Custody
16 Hours
(E) Controlled Substances
10 Hours
UNIT TOTAL 76 Hours
(5) PRACTICAL APPLICATION UNIT
(A) First Responder 40 Hours
(B) Firearms 48 Hours
(C) Law Enforcement Driver Training
40 Hours
(D) Physical Fitness 8 Hours
(i) Fitness Assessment and
Testing 12 Hours
(ii) 1 hour - 3 days a week
34 Hours
(E) Subject Control Arrest Techniques
40 Hours
UNIT TOTAL 222 Hours
(6) SHERIFF-SPECIFIC UNIT
(A) Civil Process 24 Hours
(B) Sheriffs' Responsibilities: Detention
Duties 4 Hours
(C) Sheriffs' Responsibilities: Court
Duties 6 Hours
UNIT TOTAL 34 Hours
(7) COURSE ORIENTATION
2 Hours
(8) TESTING 20 Hours
TOTAL COURSE HOURS 602 Hours
(c) The "Basic Law Enforcement Training Manual" as
published by the North Carolina Justice Academy shall be used
as the basic curriculum for this basic training course for law
enforcement officers as administered by the Commission.
Copies of this publication may be inspected at the office of the
agency:
Criminal Justice Standards Division
North Carolina Department of Justice
114 West Edenton Street
Old Education Building
Post Office Drawer 149
Raleigh, North Carolina 27602
and may be obtained from the Academy at the following
address:
North Carolina Justice Academy
Post Office Drawer 99
Salemburg, North Carolina 28385
(d) The "Basic Law Enforcement Training Course Management
Guide" as published by the North Carolina Justice Academy
shall be used by School Directors in planning, implementing and
delivering basic training courses. Each School Director shall be
issued a copy of the guide at the time of certification at no cost
to the accredited school. The public may obtain copies of this
guide from the Justice Academy.
History Note: Authority G.S. 17C-6; 17C-10;
Eff. January 1, 1981;
Temporary Amendment Eff. December 14, 1983 for a period of
120 days to expire on April 12, 1984;
Amended Eff. August 1, 2002; August 1, 2000; November 1,
1998; July 1, 1997; January 1, 1995; February 1, 1991;
July 1, 1989.
12 NCAC 09B .0215 SUPPLEMENTAL SMI
TRAINING
(a) The supplemental speed measuring instrument (SMI)
training course for law enforcement officers shall be designed to
provide the trainee with the skills and knowledge to proficiently
perform those tasks essential to function as an instructor or
operator using the additional speed measuring instrument(s).
(b) Each applicant for supplemental speed measuring instrument
training shall:
(1) possess a valid radar or time -distance speed
measuring instrument instructor or operator
certification as a result of successful
completion of 12 NCAC 9B .0210, .0211,
.0212, .0213 or .0214.
(2) present the endorsement of a
Commission-recognized school director or
agency executive officer or his designee.
(c) The supplemental SMI training course required for
certification, on the additional instrument(s), shall include but
not be limited to the topic areas and minimum number of hours
as outlined in The Supplemental SMI Training Course. To
qualify for certification, on the additional instrument(s), an
applicant shall demonstrate 100 percent proficiency in the
performance of the additional speed measuring instrument(s).
(d) Certification as instructor or operator of the additional speed
measuring instruments shall expire on midnight of the date of
expiration of the instructor or operator certification referred to in
12 NCAC 9B .0215(b) and .0310(a).
(e) The "Supplemental SMI Training Course" as published by
the North Carolina Justice Academy is to be applied as basic
curriculum for the supplemental SMI training course for SMI
instructors or operators as administered by the Commission.
Copies of this publication may be inspected at the office of the
agency:
Criminal Justice Standards Division
North Carolina Department of Justice
114 West Edenton Street
Post Office Drawer 149
Raleigh, North Carolina 27602
and may be obtained at cost from the Academy at the following
address:
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North Carolina Justice Academy
Post Office Box 99
Salemburg, North Carolina 28385
(f) Commission-accredited schools that are accredited to offer
the "Supplemental SMI Training Course" for Instructors are:
The North Carolina Justice Academy.
History Note: Authority G.S. 17C-6;
Eff. November 1, 1981;
Readopted Eff. July 1, 1982;
Amended Eff. August 1, 2002; April 1, 1999.
12 NCAC 09B .0233 SPECIALIZED PHYSICAL
FITNESS INSTRUCTOR TRAINING
(a) The instructor training course required for specialized
physical fitness instructor certification shall consist of a
minimum of 60 hours of instruction presented during a
continuous period of not more than one week.
(b) Each specialized physical fitness instructor training course
shall be designed to provide the trainee with the skills and
knowledge to perform the function of a criminal justice physical
fitness instructor in a Basic Law Enforcement Training Course.
(c) Each applicant for specialized physical fitness training shall:
(1) qualify through one of the following three
options:
(A) have completed the criminal justice
general instructor training course; or
(B) hold a current and valid North
Carolina Teacher's Certificate and
hold a minimum of a baccalaureate
degree in physical education and be
actively teaching in physical
education topics; or
(C) be presently instructing physical
education topics in a community
college, college or university and
hold a minimum of a baccalaureate
degree in physical education; and
(2) present a written endorsement by a school
director indicating the student will be utilized
to instruct physical fitness in Basic Law
Enforcement Training Courses; and
(3) present a letter from a physician stating fitness
to participate in the course; and
(4) possess a valid CPR Certification that included
cognitive and skills testing.
(d) Each specialized physical fitness instructor training course
shall include as a minimum the following identified topic areas
and minimum instructional hours for each area:
(1) Orientation 5 Hours
(2) Lesson Plan Review 8 Hours
(3) Physical Fitness Assessments, Exercise Programs
and Instructional Methods 31 Hours
(4) I